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§ 2. Correction condemned and social justice restoration as the purposes of punishment under criminal law and possibilityof an estimation of their achievement

Any intelligent activity requires an estimation received reyozultatov. Is not an exception and criminally-legal regulation.

In item 2 UK the Russian Federation as problems of the criminal legislation acts protection of variety of public relations.

At the same time the concept "protection" means some process, protjazhennyj in time. Results of such activity in the law are not specified, and their formulation represents, most likely, not trivial problem. As wished rezultayotov it is possible to assume: bar of claim by lapse of time of new crimes; eradication preyostupnosti as the phenomena; increase of level of security public otnoyosheny from criminal trespasses etc. Thus depending on ozhidaeyomyh end results can differ and applied measures ugolovnoyopravovogo influences.

In criminal law the independent purposes are formulated only for an ode
nogo criminally-legal institute — punishment under criminal law. Therefore only on the basis of data on their achievement it is possible to make an estimation of quality and efyofektivnosti criminally-legal regulation. At the same time follows priyoznat, what not for all proclaimed in ch. 2 items 43 UK the Russian Federation of the purposes it is possible to design any simple enough and unequivocal criteria, svideyotelstvujushchie about their achievement.

In UK RSFSR in item 20 has been fixed 1960 such purpose of punishment, as correction and re-education condemned in the spirit of the fair relation to work, exact execution of laws, respect for rules socialist obshchezhiyotija. However as the independent purpose of punishment correction has not been formulated yet. As the separate purpose of punishment under criminal law it has appeared for the first time in item 28 of Bases of the criminal legislation of USSR and union republics of 1991, however the given normative act practically did not operate in connection with the disintegration which has followed after its acceptance of the USSR. Therefore it is possible to say that in the current legislation vosstayonovlenie social justice and correction condemned as the purposes ugoyolovnogo punishments have received for the first time fastening only in operating UgoYOlovnom the code of the Russian Federation.

It is necessary to notice, that shortly before acceptance of Bases the theoretical model of the criminal code of the Russian Federation in which the given purposes nakazayonija were not provided was studied. Correction of the condemned was considered in ch. 2 items 57 as means of achievement of the purpose of the prevention of crimes [170].

Correction condemned according to ch. 1 items 9 Wick the Russian Federation predpolayogaet formation at it the valid relation to the person, a society, work, norms, rules and traditions of a human hostel and stimuliroyovanie pravoposlushnogo behaviour. According to V.G.Gromova, correction in this case represents the certain process, which in itself not moyozhet to be the purpose. To reach it is possible only any result, napriyo
Measures, ispravlennosti осужденного1.

We believe, that a combination applied by the legislator «formation of the valid relation to the person, a society, work...» Can be formally used for the description not only process, but also result.

As to the criminal legislation in it results ispravleyonija do not reveal.

However there are bases to believe, that results ispravyolenija in it are understood a little differently. So, according to ch. 1 item 79 UK the Russian Federation if the court comes to conclusion about possibility of correction condemned without real enduring the punishment, it enacts to consider its conditional. If the court considers correction according to positions ch. 1 items 9 Wick the Russian Federation he should assume presence at the corresponding subject sforyomirovavshegosja the valid relation to certain values, including to the law. However it is in that case not clear, why the given person soveryoshilo a crime. It is represented to more probable, that in UK the Russian Federation is understood as correction possibility change of valuable installations of the person under the influence of a moral shock which tests the person who has faced the charges in the presence of the relatives and relatives. However in it sluyochae the concept of correction is not identical to how Wick the Russian Federation understands it. TaYOkim in the image, uniform understanding of results corrective vozdejyostvija punishment under criminal law in UK and Wick the Russian Federation is absent.

In the theoretical literature correction condemned in process otbyvayonija punishments is considered as certain result [171 [172]. Under ispravleniyoem change of internal qualities of the person is understood, under influence koyotoryh the subject abstains in the future from fulfilment of crimes. So, I.S.Noj considered, that correction is "perekovka" condemned of individuayolista in the person, capable personal interests correctly to combine with interesayo
mi public to be self-controlled, reasonably to regulate the requirements, instead of to satisfy them at the expense of infringement of legitimate interests of others граждан1.

According to A.F.Mickiewicz, abstention of the given person from new crimes owing to the come changes in its mentality in the form of negative estimated otyonoshenija to criminal forms of behaviour, the positive relation to obshcheyoprinjatym to behaviour and readiness key rules should become result of corrective influence of punishment to behave in sootvetyostvii with these rules [173 [174].

V.V. Maltsev comes to conclusion, that correction condemned is such positive morally-legal change of the person condemned, caused by application of punishment which interferes with fulfilment of new crimes by it [175].

At the positive relation to the maintenance of the purpose of correction condemned it is necessary to establish, that any ways to find out, whether really it is reached, is not available. It is impossible to learn, whether dejstviyotelno condemned under the influence of corrective measures has changed the system of values, has rethought the behaviour or its belief and tsennoyosti remained former. Everything, that is accessible to fixing and to the scientific analysis are acts of the person which can to testify with certain degree of reliability to the occurred changes of the person. However, even in case of renewal of criminal activity it is impossible to approve with all confidence, that the inefficiency before appointed nayokazanija became the reason of it.

There are some more circumstances complicating an estimation effekyotivnosti of corrective influence of punishment under criminal law. First of all,
It would be desirable to notice, that in domestic criminology theorists in the majority consider as the fulfilment reasons prestupleyony the deformations of the person resulting any negative influence. For example, V.N.Kudryavtsev wrote that a crime grow out of deformations in any link of the events forming genesis indiyovidualnogo of behaviour: the deformed requirements and valuable orientayotsii, a pathological condition of the subject, low level самоконтроля1, and V.D.Malkov believes, that fulfilment of a concrete crime is rezultayotom interactions generated as a result of adverse zhiznenyonyh conditions of negative moral-psychological properties of the person and the external objective circumstances forming kriminogennuju a situation [176 [177]. As similar representations in domestic criminology are prevailing, they have been reflected both in criminal, and in criminally-ispolniyotelnom legislation. At such understanding of the reasons concrete prestupyolenija fastening of correction of the criminal as one of the purposes ugolovyonogo punishments is represented clear and justified, as pojavljajutyosja accurately definite purposes of the appendix of efforts on correction (deformation of the person) and ways of influence (work, educational work etc.).

However there are also other sights at the fulfilment reasons prestupleyony which are capable to change essentially representations about essence and meyotodah corrective influence.

For example, A.A.Rozhdestvina marks existence objective priyochin fulfilment of the crimes connected with infringement of rules of a labour safety: a number of interbranch rules were not registered by the Ministry of Justice of the Russian Federation, in other cases there are collisions and blanks in the legislation etc. [178]

JU. M.Antonjan believes, that the reason of crimes in many cases,
When the subject cannot distinctly explain the motives, are bessoznatelyonye the experiences of the individual inducing it to fulfilment illegal действий1. But then forms and methods of correction concerning such osuzhdenyonyh should be corrected, as as the author specifies, in otyonoshenii many recidivists traditionally applied forms and methods of educational work are inefficient.

However there are even more radical views on the reasons prestupyoleny. E.A.Pozdnyakov in the work «crime Philosophy» shows, that propensity to deviating behaviour is not a pathology, and most, that on there is the norm corresponding to a human nature. Any spetsificheyoskih the lines of the person inherent only in criminals or, on the contrary, zakonopoyoslushnym to citizens, do not exist [179 [180]. And the given opinion, in our opinion, zasluyozhivaet the close attention. Really, if people were not inclined to deviations the device and difficult legislative system with the developed hierarchy dozyovoleny and interdictions would be necessary to the state powerful pravoohraniyotelnyj? And if not propensity to deviating behaviour, whether that outstanding works of art could be created, the impudent discoveries overturning outlook of contemporaries and demanding flat refusal of habitual norms are made?

The assumption which has been put forward by E.A.Pozdnyakov, proves to be true ogromyonym number of latent crimes, high relative density of persons, sovershivyoshih a crime for the first time, and earlier not consisting on preventive ucheyotah, in a lump condemned, tolerance of the population to defined viyodam illegal acts. In many private companies that fact that it is impossible to reveal in advance potential thieves and iskoreyonit, thereby, plunders is admitted. Therefore there are administrative models, in koyotoryh larceny is considered as one of the factors defining

Both company losses, and its incomes as employees of the company, zaniyomajushchiesja plunders, as a rule, more motivirovany in the activity also bring more income in comparison with legislative работниками1.

In our opinion, E.A.Pozdnyakov's position excludes possibility of correction condemned as he considers propensity to deviating behaviour as norm for overwhelming majority of people. Similar opinion vyyoskazano I.J.Kozachenko approving what to correct the person, especially, condemned, it is impossible. The person developing in unhealthy bio - sotsiosfere as this author specifies, cannot be perfect [181 [182].

The resulted spectrum of views on causes of crime far not poyolon, however and the specified points of view in a sufficient measure illustrate that the theoretical base underlying the purpose of correction, be not monolithic.

One more circumstance complicating possibility of an estimation effektivyonosti of corrective influence of punishment, is connected with complexity prognoyozirovanija behaviour of the person. The winner of the Nobel Prize, American fiyoziolog and biochemist George Uold has shown, that, though the behaviour of the person deteryominirovano its unique set biological (genetic) osobenyonostej and its personal history, it, nevertheless, does not give in prognozirovayoniju (is unpredictable) [183].

As other Nobel winner, the chemist has specified And. R.Prigozhin, to nedavyonego time the classical science studied, basically, linear systems, that is the systems, which position during any set moment of time opredeyoljaetsja their previous condition. However, as shows science development, tayokie linear, predicted systems constitute only small part in all observable world. The behaviour of the majority of systems can be sprognoziyo
rovano only in rather limited limits. During some moments of the development, being discomposed, such systems get to so-called points bifurkatsii, that is a condition at which the slightest external influence can lead to as much as big change in behaviour of system. As an example And. R.Prigozhin results a pendulum. If it to make insignificant effort, it starts to show properties of linear system. If a pendulum to place in the top point (tochyoku bifurkatsii) any means of a modern science it is impossible to predict precisely, in what party it will move. The slightest external vozdejyostvie can change a direction of movement of a pendulum in any сторону1.

Thus, predictive possibilities of a modern science, soyoglasno to Prigozhin, are limited to time periods between the following one after another points bifurkatsii (instability). And in advance predyoskazat time next bifurkatsy is essentially impossible.

It is represented, that ideas And. R.Prigozhin are applicable and to prognozirovayoniju individual criminal behaviour. The matter is that the criminology considers a society and the person in a society as sufficiently predicted systems. As modern criminologists believe, having danyonye, for example, about the person of the person, its environment and education, it is possible opreyodelit probability of fulfilment for them in the crime future. However, ogovayorivaetsja, that such forecasting is effective during the stable periods razviyotija societies [184 [185].

Undoubtedly, absence of shocks and crises essentially raises accuracy kriminologicheskih forecasts, including individual. However modern to us the society stable to name difficult. Also it is a question not only about any global political and economic crises though them vlijayonie on criminality, obviously, it is great. But even at level standard reguyo
lirovanija because of legislative and the executive authority periodically there are the minicrises seriously destabilising a situation in a society. A vivid example is the double increase in 2013 of insurance premium payments in the Pension fund of the Russian Federation for individual predprinima - телей1. For six months, passed from the moment of an adoption of this law, more than 600 thousand persons have ceased the activity as have considered new razyomery insurance premium payments very heavy for the business [186 [187]. As are represented, for set of businessmen such unexpected and sharp increase rashoyodov could become a point bifurkatsii when the adjusted activity momenyotalno ceases to be profitable, the basic source of the income disappears and vozyonikaet the urgent need to find a way to keep a habitual image zhizyoni and a consumption level. Quite probably, that the part of representatives of the given group has been forced to move to sphere of shadow business with all vyyotekajushchimi from here negative consequences in the form of increase latentnoyosti tax crimes, business criminalisation etc.

Examples of a similar sort extremely negatively affect on effektivnoyosti kriminologicheskogo forecasting at which it is impossible predviyodet all future crises undermining stability, creating next points bifurkatsii when the slightest external influence can result prakyoticheski any legislative citizen in committing a crime. In a life of any person there can be the most complicated, ekstremalyonye situations in which the further actions are made spontaneously, without obyodumyvanija and the analysis of possible consequences, including negative. NaverYOnoe, sudden double increase in deductions in the Pension fund or other similar decisions for many can become those moments,
When the behaviour of the person becomes essentially unpredictable.

I.Prigozhin and I.Stengers, in particular, notice, that a society be very difficult system testing a large quantity bifurkatsy, that essentially limits predictive possibilities of sciences about obshche - стве1. It is thought, that this statement is fair and in relation to vozmozhnoyostjam the forecast of individual behaviour.

In the light of all aforesaid the data obtained by criminologists about casual character of many crimes are in a new fashion perceived. In chastnoyosti, to A.E.Zhalinsky and A.A.Gerasun have shown, that the majority of murders, izyonasilovany, robberies and robberies are made suddenly, it is unexpected for all [188 [189]. It means, that the guilty did not differ the behaviour, system tsennoyostej, belief from a great bulk of the population and did not cause in surrounding corresponding fears.

According to A.F.Zelinsky, from among condemned, leaving nakazayonie for heavy violent crimes, 85 % have made violence neprednayomerenno: at 31,2 % of intention have arisen at the moment of a meeting with sustained, at 24 % — during quarrel, at 10,8 % — in fight, at 7 % — in reply to the insult, violence or other wrongful acts of victims; 12 % of the interrogated persons have declared, that they at all did not have a criminal intention and they cannot explain, how all has turned out. More than 2/3 approved, — and it has found podtveryozhdenie in sentences of vessels — that relations with victims prior to the beginning posjayogatelstva were normal, and is frequent also friendly [190].

In materials of the questioning spent by us condemned by one of the most widespread answers to a question «why you have made prestupleyonie?» There was "mischief" (22,8 %). 20 More % interrogated in the answers privoyo
dili such reasons, as "coincidence of circumstances", "spontaneity", "sluyochajnost", "self-defence", «by nonsense», "narcodependence". Such obyorazom, the case role in process sovershaemosti crimes is rather great.

The cited data testify to extreme complexity, if not about basic unpredictability, forecasting of behaviour of the person for the remote prospect. This conclusion has the direct relation to the purpose of correction of the condemned. Courts, making of the decision on clearing of punishment under criminal law (for example, at is conditional-preschedule clearing), uchiyotyvajut possibility of its achievement without the further enduring the punishment. TaYOkim the image, carries out an estimation of degree of positive changes lichyonosti condemned and the probability of repetition of crimes in the future is predicted.

According to judicial statistics data in 2015 from 239 794 persons who had at the moment of a judicial legal investigation not removed or outstanding previous conviction, only 115 601 (48,2 %) have left the previous punishment полностью1. In 2017 number completely left the previous punishment has decreased to 43,5 % (100 960 of 231 616 condemned, having a previous conviction) [191 [192]. Hence, concerning the majority condemned, released earlier ahead of schedule, otsenyoka degrees of correction and the forecasts based on it individual poveyodenija have appeared incorrect.

And, at last, speaking about the correction purpose, it is necessary to notice, that it soyoderzhanie, opened in ch. 1 item 9 Wick the Russian Federation, assumes reduction of belief of the person, its system of values to the standard norm. However in the modern
The Russian state in the conditions of sharp property stratification obshcheyostva, it is difficult to speak about existence of any standard norms nravyostvennosti. The various groups of the population consolidated by general imushchestvenyonym by position, the relation to means of production, access to obrazovayoniju, to public health services, working conditions and rest, develop own specific norms of morals for the group. As Charles Marx has noticed in this occasion, a way of manufacture of a material life obuslovyolivaet social, political and spiritual processes of a life in general. Not soyoznanie people their life, and, on the contrary, their social being opreyodeljaet defines them сознание1.

After catastrophic disintegration of the USSR social being sovremenyonoj Russia was formed in very difficult conditions — at sharp growth preyostupnosti, a high rate of unemployment, a narcotism, an alcoholism, etc. The scale privatisation which consequences define till now ekonoyomichesky shape of the state, was spent with mass infringements zakonodayotelstva. Economist M.L.Hazin were in 1990th employee MinisterYostva of economy of the Russian Federation and owning the information on a course of privatisation «from peryovyh hands», publicly approves, that all so-called oligarchs have come into the fortune through privatisation which, as he said, as as a whole, and in each element was criminal action, both from the point of view intereyosov citizens, and from a law position. Therefore all benefitsiary and all organizayotory privatisations are criminals [193 [194].

The similar estimation of privatisation takes place and at level of the higher rukoyovodstva our state. So, President V.V. Putin, making comments sudebyonuju the suit proceeding in London between the Russian oligarchs, has declared:

«Money is earned, stolen here — here start up and divide» 1.

The paradox consists that from among so-called oligarchs to ugolovyonoj responsibility one has been involved only — M.Khodorkovsky. At the same time in the conditions of that practically official recognition, as the others also are involved in fulfilment of the crimes, any measures on attraction of these persons to the criminal liability is not accepted. Actually has meyosto infringement of equality of citizens before the criminal law by sign uchayostija in privatisation processes of "the first wave». Such situation svideyotelstvuet about absence of uniform standards of morals and morals in sovreyomennom to us the Russian society in which the majority of the population, postrayodavshee from extortionate privatisation, powerlessly observes for beznakazannoyostju robbers.

The example of Ukraine covered by civil war, shows, naskolyoko norms of morals of oligarchical groups differ, destruction of the people, and using representatives of poor levels of population as gun meat is cynical podmeyonjajushchih interests of the state own mercenary ustremleniyojami and started for the sake of it. Fondly to believe, that in Russia all differently and such rupture in moral noryomah separate groups of a society at us are not present. For example, the Russian bankers, preyokrasno knowing about a distress of the debtor who has suffered from flooding or from other blow of elements, can cynically demand preschedule pogasheyonija the credit. And such situations arise regularly, showing spetsificheyoskuju the usurious morals inherent in a part of our citizens [195 [196].

The fine sample of morals of "new Russian» shows the daughter of the successful businessman Maria Bajbakova telling in article about how it is necessary to address with servants in the house. Itself ispolzovayo
nie the term "servants" (in the text it is used without inverted commas) is sending by a century before last when there was a rigid differentiation of a society on misters and servants. Thus the author in every possible way underlines presence of the spetsiyoficheskoj ethics at the propertied class. For example, in the text there is such passage: «There is one more taboo which infringement involves infringement of borders. As though you have been revolted and upset, it is impossible to shout at the personnel. Has put at all that it is unethical (though it, of course, unethically). And that we should express rough emotions openly only in relation to equal» [197]. polayogaem, that "servants", with which M.Bajbakovoj's opus is devoted the reference, takyozhe forms in the environment specific norms of morals.

Lines of division of a society it is possible to spend set, for example, soobyoshchestvo the businessmen profiting at the expense of use naemyonogo of work, forms the morals differing from morals hired raboyochih (a little tens years ago we would speak in such context about klassoyovoj to morals of exploiters and maintained, however now so to be expressed it is not accepted). And if there are no standards moral and moral poveyodenija in a society the general provision of sights is impossible also, estimations and belief to which, according to the legislator, should result condemned ispravitelyonoe punishment under criminal law influence.

Besides, in modern Russia when the society is split on imushcheyostvennomu to a sign, citizens from various social groups have kacheyostvenno differing possibilities of access to formation, public health services, working conditions and rest, to approve, that there are any standards in spiritually-moral sphere it is represented, at least, legkomyslenyonym as even sources of formation of cultural and moral values considerably differ.

What to understand in a similar situation as deformation in spiritually-nravyostvennoj sphere — it is absolutely not clear. Whether the sphere of the oligarch scared together a fortune by frauds during privatisation and acting now as a pillar of a society, politicheyoskim the figure is normal spiritually-nravyostvennaja? Whether it is possible to consider normal warmed up advertising in ofiyotsialnyh mass-media sharp desire of the needy teenager to buy the prestigious expensive smart phone? However, statement of a question and in Marxist style is possible: whether assignment by businessmen additional stoiyomosti, made by work of hired workers is ethic?

Such questions it is possible to set set, and answers to them or not ocheyovidny, or their decision is not obviously possible in frameworks skladyvajuyoshchejsja economic and political system. And it means, that in the conditions of the developed social antagonism in Russia is rather problematic sforyomulirovat the comprehensible standards of moral and moral behaviour covering all aspects of life of citizens. We believe, that the consensus in this case is possible only concerning moral condemnation of crimes and persons, their making.

Formulated to Wick the concept of correction in view of vysheskazanyonogo seems to the Russian Federation somewhat naive, reflecting Soviet predstavyolenija about due which discord with the present. Meanwhile on representations that the criminality is closely connected with deformations sisteyomy spiritually-moral values of citizens, in domestic zakonodatelyostve the harmonous concept of correction condemned by primeneyonija to it of measures of criminal and criminally-executive influence is erected.

Scepticism concerning correction possibility persons, nepoyosredstvenno feeling on themselves divide also punishment under criminal law influence, — osuyozhdennye. During the questioning spent by us of only 19 % of respondents without reserve recognised possibility of correction as punishment while 29 % have answered negatively, and 52 % have answered «whom as», that is have put
Correction possibility, most likely, in dependence on firmness anyotiobshchestvennoj orientations of the person of the criminal.

In view of stated it is represented to us rather problematic vozmozhyonost estimations of efficiency of corrective influence criminal nakazayonija. However, and during M.D.Shargorodsky's Soviet time sceptically estimated such возможность1. We believe, that omittance by the person of new crimes can be unique objective criterion isyopravlenija only, that in practice is identical to achievement of the purpose of the special prevention.

About justice restoration in a punishment under criminal law context piyosal in 1961 And. M.Jakovlev who has noticed, that if primeyonjaetsja not in connection with concrete criminal action it in that case does not carry out the major function of the criminal law — to restore punishment under criminal law spravedliyovost, trampled as a result of committing a crime [198 [199]. However, it is necessary to mean, that the author has made the corresponding remark by consideration of the questions connected with removal of illegal decisions, a superficial estimation of fault, condemnation on the basis of unfounded charges, etc. In reprisals. Therefore the term "justice" it, most likely, allocated with the maintenance, characteristic for criminally-legal principle justice, fixed in item 6 UK the Russian Federation. Attracts attention and that on thought And. M.Jakovleva, justice restoration is considered as criminal law function, instead of as the punishment under criminal law purpose.

B.S.Nikiforov considered as the major purpose of punishment restoration nayorushennogo as a result of committing a crime of socially-psihologicheskoyogo order [200], and N.A.Beljaev carried satisfaction of feeling of justice to one of the punishment purposes by appointment of fair punishment, severity
Which corresponds to weight made деяния1.

As it was already spoken, as the independent purpose of punishment social justice restoration has appeared only in operating Criminal koyodekse the Russian Federation. Now in the theory there is no clearness rather sushchyonosti the term "social justice" in what such version sprayovedlivosti is shown, than differs from simple justice and what can be criteria of its achievement

In this connection a number of scientists fastening in item 43 UK the Russian Federation spoke against the purpose of restoration of social justice [201 [202]. Other group teoretiyokov marks its compensatory character consisting in restoration naruyoshennyh of the rights and interests of victims [203]. The third believe, that such purpose doyostigaetsja the awarding punishment, proportional to weight made preyostuplenija, persons guilty [204] and to other circumstances. The fourth ponimayojut it as necessity of satisfaction of feeling of justice of victims and all society, and also inevitability of punishment [205].

Apparently from the given digression, terminological uncertainty again and again generates long-term discussions. All listed positions have the merits and demerits repeatedly analysed oppoyonentami.

If to assume, that social justice restoration doyostigaetsja the fact of attraction of the person to the criminal liability for soyovershennoe a crime and appointment to it of punishment, estimation problems efyofektivnosti realisations of the answering purpose of punishment under criminal law not vozyonikaet: punishment is appointed, means, social justice vosstanovleyona.

However, we believe, all is a little differently as at such simplified understanding efficiency of realisation of the purpose of punishment under criminal law is defined not by punishment, its maintenance, in, kayochestvom executions, and only formal procedure of its appointment: if proyotsedura it is observed, punishment so, the purpose of restoration of social justice is realised will be appointed. It is obvious, that at such approach the punishment under criminal law purpose is substituted for the purpose remedial.

If to consider social justice restoration as reduction in an initial condition of the public relations broken by a crime, how V.G.Gromov truly specifies, such purpose in some cases cannot be reached. It concerns injuries to health, murders, a material tresspass and of some others преступлений1.

G.V.Verina specifies, that social justice is in a sense restored with restoration moral and psychological spoyokojstvija the population, authority of the law, broken by a crime obshcheyostvennyh relations and also in the event that the person who has made prestuple - nie, admits the criminal a statutory order and to it naznayochaetsja fair punishment [206 [207]. Here it is necessary to notice, that appointment guilty fair punishment, in our opinion, cannot be the specific maintenance of the purpose of restoration of justice, as
In this case realisation criminally-legal principle sprayovedlivosti takes place. According to ch. 1 items 6 UK the Russian Federation «a justice Principle» nakayozanie and other measures of criminally-legal character applied to the person, soveryoshivshemu a crime, should be fair, that is correspond to character and degree of the social danger of a crime, circumstances of its fulfilment and the person of the guilty. Differently, appointment spravedliyovogo punishments condemned is do not aim punishment institute, and only one of implementers of problems of the Criminal code of the Russian Federation. Though, undoubtedly, naznayochenie fair punishment should promote restoration sotsiyoalnoj to justice. At the same time we face one more obstojatel - stvom. It has been above told, that the most part condemned is constituted now by the persons who do not have a certain source of incomes. Undoubtedly, their some part meaningly take of an antisocial position. However the overwhelming majority has lost work owing to deformations ekonomiyocheskih and social relations, that is owing to the social injustice inherent to a certain extent in our society. Therefore its restoration puyotem appointments of punishments under criminal law to the persons who have already suffered from a society, is represented rather problematic.

In many cases appointed punishment and possibilities of clearing of it or from the criminal liability are in dependence from sotsialyonogo (economic, office) positions guilty. For example, to the persons condemned for bribery without aggravating circumstances, with probability almost 100 % will be appointed the punishment which has been not connected with imprisonment [208]. Taking into account the raised social danger of this phenomenon appointed vzjayotochnikam in most cases multiple penalties are represented not sootvetyostvujushchimi to the social justice purpose as do not provide rayovenstva before the law of various categories of criminals.

The specified reasons allow to agree with S.I.KurgaYonova's believing position, that the concept of social justice owing to the uncertainty, konjunkturnosti, ideological and political peregruyozhennosti should not be used in the criminal legislation legal государства1. Of the maintenance of the given purpose, absence ukazayony on subjects, its realising, simple criteria of an estimation of efficiency of its realisation do not allow to develop uncertainty.

Except listed above arguments there is one more contradiction connected with existence of the purpose of restoration of social justice. This term assumes reproduction of a condition of a society taking place before committing a crime. Thus from a field of vision of theorists vypadayoet that fact, that in many cases the crime itself grows out of social injustice available in a society. Not casually most part condemned in Russia is constituted by the persons who did not have for a moment soversheyonija crimes of a certain place of work (they make also the most part of the most dangerous encroachments against the person and the property). UroYOven previous convictions among this category of persons almost twice are exceeded by those for condemned, having work, a crime rate among the unemployed, especially jobless - men, and corresponding level for working citizens (approximately in 30 times) repeatedly exceeds. The most part osuzhdenyonyh, serving time in the form of imprisonment, has no higher about - razovanija [209 [210].

In such situation social justice restoration by priyomenenija punishment under criminal law by paradoxical image again and again vosyoproizvodit the social injustice acting in some cases priyochinoj of committing a crime. The uncomfortable, stumbled citizens okayo
zhutsja in even more worst situation, than that, in which they were to soyovershenija crimes, while more well-founded criminals (for example, bribe takers), most likely, will avoid strict punishment. It is clear that to restore in full social justice means of only one punishment it is impossible. Therefore, that remains to judges, — to show all the greatest possible condescension to made destitute.

During the questioning spent by us on a question «what punishment boyolee is effective — strict or fair?» The overwhelming majority osuyozhdennyh (92 %) has answered "fair" and only 8 % — "strict". At the same time only 47 % have agreed, that the punishment appointed it is spravedliyovym whereas 53 % considered its unfair [211]. Thus, osuzhdenyonye, wishing in relation to itself justice, in most cases not nayohodjat it in the punishment appointed it, that, probably, is one of the reasons of low efficiency of its precautionary influence.

Despite importance of the purpose of restoration of the social justice, any objective criteria of its achievement in the theory it is not offered. Interrogations of citizens about an estimation them of developing practice of appointment of punishments can be a unique variant as it is represented.

Thus, from three purposes of punishment under criminal law it is not obviously possible to formulate any distinct indicators of an estimation effektivnoyosti their achievements for two — corrections condemned and restoration soyotsialnoj justice.

A little business with the third purpose of punishment under criminal law (of which it will be a question in the following paragraph) — the prevention prestupleyony which in the theory is subdivided into the purposes of the general and special preduyoprezhdenija differently is. In the criminal law theory distinct criteria have been offered
Estimations of its achievement — dynamics of relapse of the crimes, characterising efficiency of the individual prevention of crimes, and the crime wave reflecting efficiency by general превенции1. Further these kriteyorii will be critically analysed and added.

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A source: Bytko Sergey Jurevich. EFFICIENCY of PRECAUTIONARY INFLUENCE of PUNISHMENT UNDER CRIMINAL LAW ON CRIMINALITY: THEORETICAL And APPLIED ASPECTS. The dissertation on competition of a scientific degree of the doctor of juridical science. Saratov - 2018. 2018

More on topic § 2. Correction condemned and social justice restoration as the purposes of punishment under criminal law and possibilityof an estimation of their achievement:

  1. § 3. The punishment purposes in criminal law of the Yemen republic
  2. § 4. The punishment purposes in criminal law of the Russian Federation
  3. § 2. Problems of realisation of the purposes of punishment at its execution concerning the crimes condemned for plurality
  4. § 2. Concept «efficiency of punishment under criminal law» and model of its estimation
  5. § 3. The account of a parity biological and social in criminal behaviour as one of directions of increase of efficiency of punishment under criminal law Discussion about biological and social in behaviour of the person and the precondition to its renewal.
  6. Chapter 2. Punishment under criminal law: essence, the purposes and the influence mechanism
  7. § 3. The prevention of crimes as the punishment under criminal law purpose. The mechanism of precautionary influence of punishment under criminal law
  8. § 3. Criteria of an estimation of efficiency of precautionary influence of punishment under criminal law
  9. the Technique of definition of efficiency of punishment under criminal law in the form of restriction of freedom taking into account the business factors accompanying application of electronic means of tracking for condemned
  10. § 3. An estimation of efficiency of punishment under criminal law for bribe reception
  11. § 1. Essence of punishment. A punishment under criminal law and criminal liability parity
  12. § 1. Concept of punishment and value of its purposes of criminal liability realisation in Somalia.
  13. § 1. The Judicial review at a stage of execution of punishment as a remedy at law condemned
  14. § 3. The administrativecontrol at a stage of execution of punishment as a remedy at law condemned
  15. § 2. Procurator's supervision at a stage of execution of punishment as a remedy at law condemned
  16. punishment institute in Sinai criminal law
  17. Achievement of the semantic purposes
  18. 2.3. Corrective influence on condemned to arrest and means of their correction
  19. the characteristic of the separate bases of softening of punishment under criminal law
  20. 2.2. External properties of punishment under criminal law