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§ 4. An estimation of system of punishments under criminal law from the point of view of the theory of systems

In the first paragraph the generalised concept of system has been given and criteria with which should satisfy object that it could be considered as system are defined. Besides, the author has come to conclusion, that for reference such condition of system of punishments under criminal law when it corresponds to all system criteria can be accepted.

In this connection in the given paragraph we will spend an estimation of system of punishments under criminal law from the point of view of the theory of systems — its conformity to system criteria that will allow to define degree of a deviation of parametres of system of punishments under criminal law from accepted for reference conditions, to develop
Recommendations about its reduction in an equilibrium condition — the condition, at kotoyorom system of punishments under criminal law will be effective to co-operate with okruyozhajushchej environment, that assumes its ability to satisfy to requirements of a society and the state taking into account problems of the criminal legislation and the purposes nayokazanija.

The first criterion with which should satisfy object that it could be considered as system, the criterion of hierarchy is, i.e. sisyotema should be a part, a subsystem of some bolshej systems, to enter into other system. For system existence it is necessary, that was, on krajyonej to a measure, one system containing it as a part, is supposed, that the system odyonovremenno acted as a subsystem of several various systems. The hierarchy is external in relation to system the characteristic. Accepting hierarchical structure, the system is studied as a subsystem of other, wider system defining and strictly regulating functioning some of the major parties given системы1. In the second paragraph the hierarchy has been built sleyodujushchaja: criminally-legal influence — criminal otvetstvenyonost — system of punishments under criminal law. Thus, it is possible to draw a conclusion, that such criterion, as hierarchy is inherent in system of punishments under criminal law.

The second criterion — integrity. E. V.Blagov writes: «In item 45 UK the Russian Federations nakayozanija, entering into their system, are named the basic and by additional. At the same time in the list of item 44 UK the Russian Federation both those and others are located without noted deleyonija (in common). The System of penalties therefore is uniform, that includes also the basic, and additional punishments» [126 [127]. However integrity it is not simple unity. She assumes presence of such communications and relations of elements which in aggregate create a basis of its general properties and functions (naznacheyonija), allowing to allocate system from environment and to present in kayochestve object of research.

WITH. 5.

Punishments under criminal law, acting as elements, in the set obrazuyojut complete system, as they: have uniform object of influence — the person, its rights and freedom; are the most strict measures gosudarstyovennogo compulsions; the appointment basis act fulfilment, zayopreshchennogo serves as the criminal law, i.e. Crimes; are consolidated by the general zadayochami — protection of the rights and freedom of the person and the citizen, the property, obshchestvenyonogo an order and the public safety, environment, konstitutsionyonogo a system of the Russian Federation from criminal trespasses, the world and bezopasyonosti mankind, and also preventions of crimes; are consolidated obyoshchimi by the purposes — restoration of social justice, correction osuzhyodennogo and preventions of fulfilment of new crimes; All elements sisyotemy are irreplaceable and exclusive, loss at least one of them inevitably leads to infringement of functioning of all system and neobhodiyomosti revision of variety of norms of the criminal law, in particular sanctions stayotej Special part UK the Russian Federation, a replacement procedure of punishments at malicious evasion and at replacement with softer, an order of definition of penal terms at cumulative sentence, calculation of punishment and punishment offset etc.

All these properties allow to consider set (set) ugoyolovnyh punishments as independent object of research, as system with priyosushchimi only to it special characteristics. The system of punishments under criminal law as integrity is characterised by such signs, as self-sufficiency (pereyochen punishments has exhaustive character, application of each punishment is strictly regulated by the law), autonomy (differs from other measures gosuyodarstvennogo compulsions by the special appointment), adaptability (sposobyonost to adapt for conditions of the social environment). That is such criterion as integrity, also it is inherent in system of punishments under criminal law.

The third criterion — the criterion of quality defining existence obyoekta as system. Above it was offered to consider as such criterion conformity of system of punishments under criminal law to justice requirements. The system of punishments under criminal law will be fair, if the requirement about harmony (proportsio -

nalnosti) punishments to a perfect crime it will be sustained on all cheyotyreh levels of reflexion of system: at construction of the list of punishments; at regyolamentatsii concrete punishments; at construction of typical sanctions, opredeyoljajushchih categories of crimes; at construction of sanctions for concrete prestuyoplenija.

The analysis of system of punishments under criminal law on conformity system kriteriyojam penetrates all subsequent chapters of work, but the special attention is given to criterion of quality as it is defining. Running forward, we will notice, that in this part the system shows the greatest disorganisation as at all four levels of reflexion of system the contradiction treboyovanijam justice was revealed that causes of serious theoretical study of the criminal law and a formulation of offers on it sovershenyostvovaniju about which it will be told in the second section of work.

The fourth criterion — presence of system property (properties), vytekajuyoshchego from internal communications of elements. Between structure elements (konkretyonymi punishments) exist various kinds of communications which express their orderliness and determine the internal organisation. The arrangement nayokazany in certain sequence — from least to most strogoyomu — defines communication and interdependence of punishments. This communication and vzaimozaviyosimost is shown, for example, at awarding punishment (more strict kind nayokazanija from among provided in the sanction of article of Special part UK the Russian Federation can be appointed only in the event that less strict kind of punishment cannot provide achievement of the purposes of punishment); at order definition zameyony one punishment by another at malicious evasion from enduring the punishment or at replacement of not left part of punishment with softer; at an arrangement nayokazany in sanctions of articles of Special part UK the Russian Federation; At a regulation otdelyonyh punishments (so, restriction of freedom as additional punishment can join only forced hard labour or imprisonment — ch. 2 items 53 UK the Russian Federation), etc. That is system property of set of the punishments under criminal law, following from internal communications of elements, are natural
raspolozhennost the punishments, caused by their comparative weight. And teoyorija, and practice, and the legislator punishments under criminal law in item 44 UK the Russian Federation recognise that are located in strictly certain sequence: from less to more strict [128]. Presence of the system property (properties) following from vnutyorennih of communications of elements, testifies that system internally soglasoyovana, therefore further in the text the author of dissertation will say that the fourth kriyoteriem systems of punishments under criminal law is the internal coordination.

At legislative level the principle of an arrangement of punishments from least to the most strict is not fixed. In one article UK the Russian Federation directly not govoyoritsja about "ladder" of punishments. But construction of norms of the criminal law podtveryozhdaet the given principle, especially brightly it finds the expression in articles, regyolamentirujushchih awarding punishment (for example, item 60 UK the Russian Federation), and in sanctions criminally-rules of law. Proceeding from sense of the law and existing teoreticheyoskih workings out, it is possible to draw a conclusion, that the legislator declares sootvetstyovie systems of punishments under criminal law to such system criterion, as an internal coordination that assumes natural raspolozhennost the punishments, caused by their comparative weight.

However, as it will be shown in the second chapter, the system of punishments under criminal law UK the Russian Federation has been in many respects reproduced from UK RSFSR 1960, including technics of construction of the list of punishments, kinds of punishment and allocation of its subsystems. NoYOvye the punishments provided in the list of item 44 UK the Russian Federation, in view of absence of experience of application, have not received a due estimation regarding severity degree. That is already at the moment of acceptance UK the Russian Federation the named principle of an arrangement nakazayony has been called into question. The subsequent updatings of the list nakazayony (inclusion of new punishments, change of the maintenance of restriction of freedom, increase in the sizes of the penalty, etc.), and also change of some external factors —
The economic crisis, displacement of valuable reference points, strengthening politicheyoskoj a component in criminal law — have even more loosened "ladder" nayokazany. V.M.Stepashin fairly notices in this occasion: «Unlike earlier operating system of penalties, new not always allows to define, what kind of punishment under the maintenance is more strict. For example, the penalty, even at a rate of two hundred thousand roubles possesses bolshej degree karayotelnogo influences, than obligatory or correctional labour...» 1. ShodYOnye positions are reflected and in works of other authors [129 [130]. Despite the fact that what the problem of construction of "ladder" of punishments repeatedly rose in the literature, disyosertant also is forced to stop on it in the subsequent heads of work, poyoskolku, on the one hand, the legislator and has not undertaken any measures to build punishments by a "ladder" principle, and with another — natural rasyopolozhennost the punishments, caused by their comparative weight, is the major property of system of the punishments under criminal law, providing it efyofektivnoe existence.

In article 44 UK the Russian Federation the basic and additional punishments settle down in the uniform list. The arrangement in one list of the basic and additional nayokazany also destroys idea of "ladder" of punishments as to compare nakazayonija, essentially differing on a role in realisation of the purposes facing to punishment, incorrectly.

So, despite the declaration of presence of "ladder" of punishments in item 44 UK the Russian Federation, actually it that is not. At construction of the system of penalties such system criterion, as «presence of system property, vyteyokajushchego from internal communications of elements (an internal coordination)», kotoyo is not sustained
ryj assumes natural raspolozhennost punishments depending on their comparative weight. In this part the system of punishments under criminal law demonstriruyoet the disorganisation that demands, first, to carry out the maintenance analysis otyodelnyh punishments and to arrange them in "ladder" taking into account real, instead of deklayorativnoj repressiveness degrees, proceeding from qualitative and quantitative hayorakteristik; secondly, leaning against historical and foreign experience, positions of leading scientists to offer possible ways of fastening at level of the criminal law of subsystems of punishments, taking into account their role in achievement of the purposes, keeping thus a principle of "ladder" of construction.

The fifth criterion — presence of the borders, allowing to define system in relation to an environment. Presence of borders is the major characteristic of any system. Everything, that is in border, — concerns system; that lays behind its limits, does not concern it. For optimum funktsioniroyovanija systems it is necessary, that borders were accurate then they will be spoyosobstvovat internal stability. Weak and indistinct borders lead neyojasnostjam concerning differentiation of system and its functions. Proceeding from it, it is possible to draw a conclusion, that the fifth system criterion assumes opreyodelennuju isolation of concrete system, therefore further in the text disseryotant will say that the fifth criterion of system of punishments under criminal law is isolation.

Borders of system of punishments under criminal law are defined, first, konkretyonymi by the punishments entering into it as a number of the punishments included in item 44 UK the Russian Federation, to other branches of law are unknown (for example, a death penalty, poyozhiznennoe imprisonment, forced hard labour, etc.), and secondly, razmeyorami punishments which in case of presence of analogues in other branches of law poyozvoljajut to delimit punishment under criminal law from not criminal.

By the named criterion the system also shows the dezorganizayotsiju. First, comparing criminal and administrative punishments, it is possible obyonaruzhit, that in the criminal and administrative legislation there are punishments similar under the maintenance — the penalty, obligatory works, and also diskvayo
lifikatsija and deprivation of the special right given to the physical person which are similar inherently to the debaring to occupy defined dolzhyonosti or to be engaged in certain activity. The analysis of the item of item 3.5, 3.8, 3.11, 3.13 KoAP the Russian Federation, containing positions about an order of calculation named nakazayony, shows, that the administrative legislation supposes them naznacheyonie in the sizes equal or even essentially surpassing sizes, ustanovyolennye for similar punishments in the criminal law, thereby erasing a side between criminal and administrative punishment, washing away borders of systems administrative and punishments under criminal law. Such regulation of punishments proyotivorechit and the justice acting as criterion of quality of system ugolovyonyh of punishments as its requirement about proportionality nakayozanija is broken. As more dangerous on character and degree of the social danger of an offence — crimes — can entail punishment less strict, than administrative violations.

Secondly, presence in the criminal law of restriction of freedom as the basic punishment and probation washes away borders between system of punishments under criminal law and other measures of the criminal liability owing to similar ogyoranicheny, assigned to the condemned.

Accordingly, for overcoming of disorganisation of system by the named criterion and its reduction in conformity with justice requirements neobyohodimo: 1) to carry out more detailed analysis of a parity administrative and punishments under criminal law and to offer the concrete measures directed on ustanovyolenie of accurate borders of systems administrative and punishments under criminal law, obespeyochivajushchih the awarding punishment, proportional to character and degree obshchestvenyonoj to danger of a perfect offence; 2) to study the maintenance ogranicheyonija freedom and its parity with probation, practice of application of the given punishment and to develop the offers directed on overcoming of disorganisation of system by named criterion.

Here is considered to mention necessary a problem legislative ocher - chennosti borders of system of punishments under criminal law. We will remind, that in UK the Russian Federation not tolyo
To does not reveal concepts of the system of penalties, but also the term «system nakayozany» is not used. In article 44 UK the Russian Federation both in the name, and in the text govoyoritsja not about system, and about kinds of punishments. It, on the one hand, enters in zabluzhyodenie concerning the maintenance of given article (about it it will be told more low), and with another — leads to polemic about its name and, accordingly, legislative ocherchennosti systems of punishments under criminal law. For example, in the theory of criminal law a number of researchers consider, that system of punishments under criminal law predstavleyona in item 44 UK the Russian Federation and in this connection suggest to change its name on: "System of penalties". So, V.I.Kostyrev writes: « Having stated the name of article 44 UK in a new wording, the legislator thereby will underline, that the system of penalties it is not simple a set of measures of the state compulsion, and reasonable system vzaimosvjayozannyh the measures, subordinated to idea of the most effective achievement of the purposes ugoyolovnogo punishments »1. Some other authors [131 [132] adhere to a similar position also. The similar point of view was defended also by the author of dissertation, turning thus vnimayonie on that fact, that in some countries of the so-called near abroad article defining kinds of punishments, is called"System of penalties"(napriyomer, item 43 UK of Uzbekistan) [133]. But deeper immersing in a problem has led to position change.

The analysis of system criteria has shown, that concept "system" more capacious, than "list". In article 44 UK the Russian Federation contains the list of punishments as in it single-level elements of system are listed. Proceeding from understanding of borders of system it is possible to notice, that in given article its borders only regarding possible punishments for the committed crime, and border regarding the size are defined, persons to whom they can be applied (are not applied), soyoderzhatsja in item 46-57 item, 59 UK the Russian Federation. Accordingly, from all system criteria in item 44 UK the Russian Federations find the reflexion only three: an internal coordination
(The declaration of an arrangement of punishments on severity degree); isolation (usyotanovlenie borders regarding definition of kinds of possible punishments for soveryoshennoe a crime); structure (presence of set of elements). poyoetomu we consider, that in the name of item 44 UK the Russian Federation the use of the term "list" is more proved, and also that legislative borders of system of punishments under criminal law are defined not in item 44 UK the Russian Federation, and first of all in chapter 9 UK the Russian Federation (but by it are not settled owing to the designated 4 levels of reflexion sisteyomy). Considering stated and earlier stated offers about used in UK the Russian Federation terminology, we suggest to call item 44 UK the Russian Federation as follows: «the List of punishments under criminal law».

The sixth criterion — conditionality conditions concrete external sreyody (external conditionality) — dependence of system of punishments under criminal law on the concrete social environment. Any viable system including punishments under criminal law, is not closed formation. For it the mutual relation "system-environment" which, according to V.N.Sadovsky, oznachayoet, that, along with set of internal relations inherent in it and communications, obeyodinjajushchih among themselves system elements, its set external otnoyosheny and связей1 takes place is characteristic. « External factors (communications) are such forces which, sposobyostvuja to system formation, at the same time act alien for its elements, do not cause and do not cause internal necessity to association »[134 [135]. The form of state covering the form of government, the form concern them goyosudarstvennogo devices and a political mode«; level of sense of justice, prayovovoj cultures and professionalism of legislators; the criminally-legal policy; judiciary practice; a subject of criminally-legal regulation, etc. »[136].

The system of punishments under criminal law is enough dynamical as develops and changes after changes of the surrounding validity, that will be shown in the second chapter of work. Besides, punishments on
Modern UK the Russian Federations essentially differ from the Soviet in criminal codes Soviet and pre-revolutionary periods, it is found out, as for peyoriod actions UK the Russian Federation 1996 the list of punishments repeatedly was exposed izyomenenijam under the influence of various factors, including economic and political character. So, the policy of a humanisation spent last years in our country, has led to inclusion in system of new punishment which, according to the legislator, is capable to become alternative to imprisonment, — forced hard labour, to change of the maintenance of punishment in the form of correctional labour by means of expansion of sphere of its application as to the persons having osyonovnoe a place of work, and to the persons who do not have it. Under influence of a policy of strengthening of struggle against corruption and contraband there are new ways isyochislenija the penalty — in the form of the size of multiple cost of a subject or the sum komyomercheskogo payoff, a bribe or the sum of illegally moved money resources and (or) costs of monetary tools. In turn, cultural and psychological realities, conditions of a life of a society on which basis skladyyovaetsja public opinion, interfere already throughout many years isyokljucheniju from the death penalty system of penalties while in practice it is not applied already more than 15 years.

Conditionality of the system of penalties social conditions assumes also its economic validity. It is known, that the condition of public finances, its incomes directly influence the list of punishments. Than more bogayoty the states, especially they are free in a choice of possible measures gosudarstvenyonogo compulsions, and, on the contrary, the poor states should include such punishments which demand the least expenses and even in system, on the contrary, sposobyony to fill up the state treasury (for example, the penalty). Certainly, inclusion in system of those or other punishments should be financially provided, sootvetyostvovat to level of economic development of the state, should not go a heavy burden on the state budget. At the same time economic obosnovanyonost inclusions in system of arrest, forced hard labour with serving in isprayovitelnyh the centres, preservation of punishment in the form of the maintenance in the disciplinary
Military unit raise serious doubts as, on the one hand, zayotraty, planned for their introduction, considerably surpass possible poloyozhitelnyj effect, and secondly, there are reserves for their application (in particular, forced hard labour, the maintenance in disciplinary military unit) posredstyovom uses of already existing establishments.

Considering stated, it is possible to draw a conclusion, that the system criminal nakayozany tries to adapt for social conditions, such adaptation not javyoljaetsja full as, first, raises the doubts economic obosnoyovannost inclusions in system of such punishments as arrest, compulsory raboyoty with building of the correction centres, preservation in quality samostojayotelnogo maintenance punishments in disciplinary military unit reacts on those protsesyosy which occur in a society and the state, however. Secondly, presence in the death penalty criminal law testifies to inability of system to overcome "vestiges" of the Soviet past and to react on poyostroenie the legal democratic state an exception of a death penalty of item 44 UK the Russian Federation. Thirdly, as a rule, numerous changes and dopolneyonija the criminal law are carried out without requirements real sudebyonoj experts that leads to destabilization of system regarding application nakayozany, to decrease in its efficiency. Not casually authors of the Motoring map ugolovyonoj politicians for 2017-2025 notice, that «common fault criminal poyolitiki is the weak support on statistical and economic data. PriYOnimaemye or offered decisions do not lean against criminality statistics, do not consider the mechanism of work of law-enforcement system, are not analyzed from the point of view of increase in financial expenses at all stages criminal sudoyoproizvodstva, since dosledstvennyh checks and finishing court execution of sentence» 1.

Thus, for overcoming of disorganisation (entropy) of system in chasyoti conformity to such criterion as «external conditionality», it is necessary:

The criminal policy: a motoring map (2017-2025) Esakov G. A, [etc]. M, 2017. With. 22.

1) to study prospects of inclusion of arrest, forced hard labour, maintenances in disciplinary military unit, including from the point of view of economic validity; 2) to estimate presence in the list of item 44 UK the Russian Federation a death penalty with poyozitsy valuable reference points of the legal democratic state, obshcheyomirovyh tendencies, and also ability of a death penalty to influence dynamics of heavy violent criminality; 3) to carry out analysis of tendencies of application of punishments under criminal law, ability of existing system ugolovyonyh punishments to satisfy to requirements of real judiciary practice and with ucheyotom it to develop recommendations about criminal law perfection; 4) to consider possibility of addition of system of punishments under criminal law by new elements, proceeding from a condition of a modern society.

The seventh criterion — structure — means, that the system should be segmented, comprise subsystems which include smaller components — system elements. « Element role in system are expressed in its initial basis as its primary building material. The element represents the elementary component of system, indivisible within the limits of its existence »[137]. As structural elements of system criminal nakayozany concrete punishments act. Modern UK the Russian Federation totals 13 punishments different in character, an orientation and severity degree soderyozhashchihsja in them pravoogranicheny. Their number concern: the penalty; the debaring to occupy certain posts or to be engaged in certain activity; deprivation special, military or an honorary title, a class rank and gosuyodarstvennyh awards; obligatory works; correctional labour; restriction on military service; freedom restriction; forced hard labour; arrest; soderyozhanie in disciplinary military unit; imprisonment for certain term; lifelong imprisonment; a death penalty.

Considering positions of item 45 UK the Russian Federation, at first sight it is possible to draw a conclusion, that the system of punishments under criminal law corresponds to such system criterion,
As structure. So, the modern legislator allocates following subsystems of punishments: the cores, additional and which can be appointed both as the cores, and as the additional. Named podsisteyomy include smaller components — elements (punishments). OdnaYOko the profound analysis of subsystems shows, that they are allocated with infringement of logic rules of division and in the contradiction with the classification purposes, that trebuyoet, first of all, deep study of a question on the bases klassifikayotsii the punishments entering into system, and in the second — formations new podsisyotem taking into account the revealed bases. In the criminal law theory variety of offers concerning possible classification of punishments, and sootvetyostvenno, and their associations in subsystems is stated. In connection with great volume of a material, a number of problems which have been found out, the question on structure (subsystems) of punishments under criminal law will be in detail considered in the third chapter.

In conclusion of the paragraph we will draw conclusions. First, the maintenance sistemyonyh criteria with reference to system of punishments under criminal law can be konyokretizirovano as follows: 1) hierarchy — occurrence as a subsystem in system of higher order (criminally-legal influence — the criminal liability — system of punishments under criminal law); 2) integrity — self-sufficiency (the list of punishments has exhaustive character, primeyonenie each of them it is strictly regulated by the law), autonomy (otlichayoetsja from other measures of the state compulsion by the special appointment), adaptability (ability to adapt for conditions of the social environment); 3) criterion of quality — conformity to justice requirements; 4) an internal coordination — natural raspolozhennost the punishments, caused by their comparative weight; 5) isolation — the borders defining system in relation to an environment, should allow to delimit punishment under criminal law from other measures of the state compulsion; 6) external conditionality — zayovisimost from the concrete social environment (conformity economic, poliyoticheskim, to moral and other requirements of a modern society and gosuyodarstva, including pravoprimenitelnoj experts); 7) structure —

The maintenance of subsystems which include smaller constituting elements —

Punishments.

Secondly, the estimation of system of punishments under criminal law from the point of view of the theory of systems has shown a number of essential deviations of parametres of system of punishments under criminal law from accepted for reference conditions that says that it nahoyoditsja in a condition of disorganisation (entropy). So, it has been revealed nesootvetstyovie systems of punishments under criminal law to such system criteria, as criterion kayochestva; an internal coordination; isolation; external conditionality; structure (regarding allocation of subsystems).

Thirdly, the greatest disorganisation system of punishments under criminal law deyomonstriruet in relation to criterion of quality as on all four urovyonjah its reflexions the contradiction to justice requirements is found out. It testifies to necessity of the detailed analysis of system criminal nayokazany on conformity to the named criterion, workings out of recommendations on soyovershenstvovaniju the criminal law in following directions: in a part poyostroenija the list (lists) of punishments; regulations of concrete punishments; constructions of the typical sanctions defining categories of crimes; postroeyonija sanctions for concrete crimes.

Fourthly, for overcoming of disorganisation of system on such kriteyoriju as an internal coordination (a natural arrangement of punishments depending on their comparative weight), it is necessary to study, first, soyoderzhanie separate punishments and to arrange them in "ladder" with the account realyonoj, instead of declarative degree of repressiveness, proceeding from qualitative and koliyochestvennoj characteristics; secondly, leaning against domestic historical and foreign experience, positions of leading scientists to offer possible reflexion at level of the criminal law of subsystems of punishments taking into account their role in achievement of the purposes, keeping thus a principle of "ladder" of construction.

Fifthly, for overcoming of disorganisation of system by criterion obosobyolennosti and to its reduction in conformity with justice requirements neobyohodimo: 1) to carry out the analysis of a parity of the administrative and criminal order -
ny and to offer the concrete measures directed on an establishment accurate grayonits of systems administrative and punishments under criminal law, providing naznacheyonie the punishment proportional to character and degree of the social danger soyovershennogo of an offence; 2) to study the maintenance of restriction of freedom, prakyotiku its applications, a parity with probation and to develop predyolozhenija, the punishments directed on accurate differentiation and other measures of the criminal liability. For the resolution of disputes concerning the maintenance of item 44 UK the Russian Federation, maintenance of terminological cleanliness of the law is offered to change the name of item 44 UK the Russian Federation and imennovat it «the List of punishments under criminal law».

Sixthly, for maintenance of conformity of system of punishments under criminal law tayokomu to criterion as «external conditionality», it is necessary: 1) to study peryospektivy inclusions of arrest, forced hard labour, maintenances in distsiplinaryonoj military unit from the point of view of economic validity; 2) to estimate presence in the list of item 44 UK the Russian Federation a death penalty from positions valuable orientiyorov the legal democratic state, universal tendencies, and also ability of a death penalty to influence dynamics heavy nasilstyovennoj criminality; 3) to carry out the analysis of tendencies of application criminal nakayozany, conformity of existing system of punishments under criminal law to requirements of real judiciary practice and taking into account it to develop recommendations on soyovershenstvovaniju the criminal law; 4) to consider possibility of addition of system of punishments under criminal law by new elements, proceeding from a condition sovreyomennogo societies.

Seventhly, for maintenance of conformity of system of punishments under criminal law to such criterion, as structure (regarding allocation of subsystems), neobyohodimo to specify the basis of classification of the punishments included in the list of item 44 UK the Russian Federation, and taking into account it to generate new subsystems.

Overcoming of disorganisation of system of punishments under criminal law by the named criteria will allow to lead its accepted for reference to a condition, razraboyotat theoretically proved model of system of punishments under criminal law which will be effective to co-operate with environment that assumes it
Ability to satisfy to requirements of a society and the state with the account ustayonovlennyh criminally-legal principles, problems of the criminal law and the purposes nakayozanija.

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A source: Podrojkina Inna Andreevna. THEORETICAL BASES of CONSTRUCTION of the SYSTEM OF PENALTIES In the CRIMINAL LEGISLATION of Russia. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. Rostov-on-Don - 2017. 2017

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