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Introduction

Theme urgency. Change of social and economic bases obshcheyostva have caused radical reform of the Russian statehood. Among its constituting elements legal reform in sphere of struggle with preyostupnostju, entailed working out and acceptance of the new criminal and criminally-executive legislation acts.

As a result of reforming of the criminal and criminally-executive legislation there was a requirement in penalizatsii, that is additional introduction in pravoprimenitelnuju practice of new kinds of the punishments under criminal law directed on reduction of volume of use of punishment in the form of imprisonment. Special attention among the given kinds of punishments under criminal law zasluzhiyo vaet arrest which, in effect, is the only thing again entered viyo the punishment house in Russia, connected with short-term isolation condemned from a society. t*

Arrest as a punishment kind is widely applied now in semyonadtsati foreign countries, in particular data of a kind of punishment is fixed in the Republic Criminal code, Belarus 1999, Georgia 1999, Italy 1930, the Peoples Republic of China 1979, Switzerland 1937, Japan 1907 and of some other countries. We will notice, that now actually it was not spent any spetsiyoalnogo complex research of arrest as punishment kind in criminal zayokonodatelstve the specified foreign countries. In this connection special interest represents rather-legal analysis of positive experience of a criminally-legal regulation of arrest as punishment kind in foreign countries.

According to Federal act item 4 źAbout introduction in action of the Criminal code of the Russian Federation╗ and Federal act item 5 źAbout introduction in action of the Criminally-executive code Russian FederaYOtsii╗ (in edition of the Federal act from January, 10th, 2002 № 4-FZ) positions of Criminal and Criminally-executive codes of the Russian Federation about punishment in the form of arrest are installed by the federal act on a measure

4 creations of necessary conditions for execution of this kind of punishment, but not later than 2006 the Given circumstance first of all are caused potrebnoyostju creations of real conditions of application of the given punishment, i.e. In poyostrojke lock-ups, personnel training etc. There was a non-standard legal situation - in the presence of legallistic zayokreplenija an independent kind of punishment there is no its practice primeyonenija. In this connection a special urgency gets a substantiation and the form -

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lirovanie an order of awarding punishment in the form of arrest, working out predlozheyony and the recommendations, concerning the effective organisation of execution and otyobyvanija the given kind of punishment, and also effective corrective vozyodejstvija on condemned to arrest.

Fastening in item Z УРІК the Russian Federation of a priority of international legal certificates over the internal criminally-executive legislation is osnoyovaniem for research of an order of appointment and arrest execution, ispraviyotelnogo influences on condemned to arrest according to the requirements established by specified certificates.

Thus, carrying out of special criminally-legal and ugolovyono-executive research of punishment in the form of arrest gets a special urgency in connection with legislation reforming in crime control sphere.

Degree of a readiness of a theme. In a science ugolovyonogo, the criminally-executive right the considerable attention is paid to punishment problems. Works in L are devoted this institute. V.Bagrij-Shahmatova, N.A.Beljaeva, R.R.Ga-liakbarova, S.I.Dementyev, I.I.Karpetsa, I.J.Kozachenko, V.N.KudrjavtseYova, A.I.Martseva, M.P.Melentyev, S.F.Miljukova, Ampere-second. Mihlina, A.E.Natasheva, V.A.Nikonova, I.S.Noja, V.N.Petrasheva, With. V.Poznysheva, A.A.Piontkovskogo, L.A.Remensona, N.A.Struchkova, N.S.Tagantseva, I.J.Fojnitskogo, M.D.Shargorodskogo, And. V.Shmarova, etc. Specified avtoyory was investigated by general-theoretical questions of punishment under criminal law, its purpose and

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Problems, concrete kinds of punishments.

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Kriminopenologichesky aspects of punishment including kriminopeno-logic parametres of imprisonment acted O.V.Starkov's as object of research.

Various criminally-legal, criminally-executive and kriminopeyonologicheskie aspects of punishment in the form of arrest have received illumination in V.V. articles. Bazunova, V.I.Gorobtsova, V.N.Orlova, V.N.Petrasheva, A.I.Shilova, V.A.Shumihina, etc.

Criminally-executive aspects of application of punishment in the form of arrest concerning the condemned military men acted as an object of research in A.A.Tolkachenko1's thesis for a doctor's degree.

In the form of arrest dissertational researches have been devoted specially criminally-legal and criminally-executive problems of punishment And. V.Polivtseva2 and V.V. Яковлева3.

However on present time some question, regulating an order and usyolovija applications of punishment in the form of arrest, demand the criminally-legal and ugoyolovno-executive analysis that causes necessity in dopolniyotelnom arrest research as a punishment kind.

The research objective consists in that on the basis of complex ugoyo the lovno-legal and criminally-executive analysis of the legislation, regyo lamentirujushchego an order and conditions of application of punishment in the form of arrest, obosyo novat and to offer recommendations about perfection of institute in the form of arrest. - '

For achievement of this purpose by the author following problems are put:

- To consider essence, the maintenance and the form of punishment in the form of arrest;

1 Tolkachenko A.A.Pravovye of a basis of execution of the punishments under criminal law applied to the military men: Diss... dokt. jurid. Sciences: 20.02.03. — M, 1997 with.

Polivtsev A.V. Legal regulation of application of arrest as punishment under criminal law kind: Diss... kand. jurid. Sciences: 12.00.08. - Rostov-on-Don, 2001 with.

3 Jakovlev V.V. The Criminally-legal characteristic of arrest (theoretical aspect): Diss... kand. jurid. Sciences: 12.00.08. - SPb., 1999. - 189 with.

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- To investigate punishment in the form of arrest in modern criminal zakonoyo datelstve of some foreign countries;

- To study an order and to reveal, awarding punishment problems in a kind areyosta;

- To analyse positions criminally-executive zakonodatelyostva, concerning executions and endurings the punishment in the form of arrest;

- To investigate corrective influence on condemned to arrest and means of their correction;

- To develop offers and recommendations about perfection ugoyolovnogo and the criminally-executive legislation on application nakazayonija in the form of arrest.

Object of research is set public otnosheyony, arising in the course of appointment and punishment execution in a kind areyosta.

Object of research are the essence, the maintenance, the form nakayozanija in the form of arrest, criminally-legal and criminally-executive signs of arrest as punishment under criminal law kind in Russia and of some foreign countries.

The theoretical basis of research is constituted by conclusions of scientists-lawyers on an investigated problem, and also positions of the general theory gosudaryostva and the rights, criminal law and the criminally-executive right.

The methodological basis of the dissertation consists in use sisyotemnogo, rather-legal analyses based on studying teoretiyocheskogo of a material, diplomas, the legislation and others pravoyovyh sources, the publications, a concerning order, conditions and problems primeyonenija punishments in the form of arrest...

During dissertational research and at a work writing ispolyozovalis as general scientific methods of knowledge: dialectic, system, loyogichesky, sociological, and chastnonauchnye methods: logiko-legal, structurally functional, rather-legal, tehniko-legal, etc.

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Empirical base of research the data received in hoyode of interviewing about 100 employees of law enforcement bodies for the purpose of revealing of their opinion on problems of appointment, execution and otbyvayonija have constituted punishments in the form of arrest.

Gathering of the material which has formed empirical base of research, osuyoshchestvljalsja in territory of Stavropol Territory in 2003 — 2004

In work were used also departmental information and noryomativnye certificates of organs of the Prosecutor's Office, execution Central administrative board nakazayony the Ministries of Justice of the Russian Federation.

Standard basis of research have constituted: the Constitution of Rossijyosky Federation; International legal certificates (in particular the Minimum standard rules of the reference with condemned from August, 30th, 1955, Euroyopejsky penitantiary rules from February, 12th, 1987, etc.), Criminal koyodeks the Russian Federation, the Criminally-executive code of the Russian Federation, and also a number of other regulatory legal acts of Russia on voproyosam appointments, executions and endurings the punishment in the form of arrest.

Criminal and Criminally-executive codes of some foreign countries were besides, analyzed.

Scientific novelty of research consists that at monographic level one of the first in a domestic science research is carried out, poyosvjashchennoe to criminally-legal and criminally-executive problems, svjayozannym with arrest application as punishment under criminal law kind.

The essence, the maintenance and the form of punishment under criminal law in the form of arrest is defined.

It is offered to allocate in item 44 UK the Russian Federation two independent kinds ugolovyonyh punishments: civil (civilian) arrest and military arrest.

The general and discriminating signs criminal nakazayonija in the form of arrest and an order of its application in modern criminal zakono-datelstve of some foreign countries are formulated.

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On the basis of the legislation analysis in crime control sphere specific proposals and recommendations about perfection of the criminal and criminally-executive legislation of the Russian Federation about application of punishment in the form of arrest are developed.

The positions which are taken out on protection:

1. As essence of punishment under criminal law in the form of arrest it is understood sovoyo kupnost deprivations or restrictions of the certain rights and legitimate interests condemned, interfaced to strict short-term isolation from obshchestyo va in the establishment intended for it.

2. Character pravoogranicheny, constituting the maintenance of punishment under criminal law in the form of arrest, allows to approve about actual presence of two kinds of arrest: 1) civil (the civilian) arrest, i.e. The arrest applied to grayozhdanskim (the civilian) to persons; 2) military arrest, i.e. The arrest applied to voyoennosluzhashchim.

3. The general and discriminating signs criminal nakayozanija in the form of arrest and an order of its application in modern criminal zakoyonodatelstve a number foreign countries are formulated.

.4. The arrest consisting in the maintenance condemned in the conditions of strict isolation from a society (ch. 1 item 54 UK the Russian Federation), is applied only in quality osyonovnogo a punishment kind (ch. 1 items 45 UK the Russian Federation). The unique additional punishment which joining is possible to arrest, the debaring is to occupy certain posts or to be engaged defined dejayotelnostju.

5. The cures applied to condemned to arrest, in zavisiyomosti from degree of compulsion of application it is necessary to classify on two groups: obligatory and unessential cures. grupyopu it is necessary to include such cures in the first, as the established order of execution and endurings the punishment (mode) and socially useful work. It is necessary to carry educational work to the second group and public vozdejyostvie.

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6. On condemned to arrest it is necessary to understand the special (specific) educational process consisting of a complex of obligatory among themselves obligatory and unessential cures as corrective influence.

7. Position that military preparation of the condemned military men for arrest should be considered as the core objazayotelnogo means of their correction is proved.

8. It is necessary to understand as good behaviour of the condemned such poveyodenie condemned which corresponds for a long time usyotanovlennomu in the criminally-executive legislation to an order both usloviyojam endurings the punishment and ispytyvanija corrective influence, sootvetyostvenno infringement of the established order of enduring the punishment in the form of arrest means non-observance condemned an order and conditions of enduring the punishment and ispytyvanija corrective influence.

9. The analysis of the legislation and the theory in a scope of means isyopravlenija to condemned to arrest allows to approve about existence rather the discrimination to their regulation that confirms neobyohodimost in more detailed legislative regulation of an order primeyonenija to condemned to arrest of means, corrections.

10. Within the limits of perfection of the criminal and criminally-executive legislation following measures are offered:

It is necessary to fix arrest in sanctions of those articles, where reglamentiruyo etsja possibility of application of punishment in the form of restriction of freedom and lisheyo nija freedom for certain term (or maintenances in disciplinary the soldier skoj parts in crimes against military service (section 11 UK the Russian Federation));

The interdiction for awarding punishment in the form of arrest to pregnant women and the women having children is elderly till fourteen years, containing in ch. The Russian Federation, it is necessary to replace 2 items 54 UK with an interdiction of appointment of arrest iskljuchiyo telno to pregnant women and the women having children about three years are elderly: •

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It is represented expedient to change ch. 2 items 72 UK the Russian Federation so that the given norm would provide possibility of calculation of arrest in days and in case of its appointment at the restrictions provided by item 62, ch. 3 items 66, ch. 2 items 68 UK the Russian Federation (calculation of fractional parts from maximum or miniyo malnogo the penal term);

To Wick the Russian Federation it is necessary to fix the list of situations (instead of circumstances) which can form the basis for transfer condemned in another arrest nyj the house, in particular in ch. 3 items 68;

It is obviously necessary in ch. 1 item 69 Wick to the Russian Federation to specify, that źizoyo lirovanno from other categories of persons, held in custody, and separately take places: the condemned men, the condemned women, imperfect summer condemned, condemned, it is malicious evading from serving nakazayo nija for which as replacement the arrest is provided, condemned, earlier otyo happening arrest, and also other kinds of punishments and having a previous conviction╗.

Part 2 items 69 Wick to the Russian Federation to state in the following edition: źIn separate lock-ups the condemned former workers of pravoohranitel th bodies, including vessels contain╗. Accordingly ch. 2 - 5 items 69 Wick the Russian Federation schiyotat 3 — 6;

In item 69 Wick the Russian Federation it is necessary to fix position that to the adult men, leaving arrest over two months, is authorised to get monthly a foodstuff and articles of prime necessity at a rate of the minimum wage rate, and also to receive one parcel, transfer and the parcel post within a month. Condemned to arrest in independence of enduring the punishment term it is authorised to women and minors ezhemesjachyo but to get a foodstuff and articles of prime necessity also at a rate of the minimum wage rate and to receive two parcels, transfers and parcels post within a month;

In ch. 5 items 69 Wick the Russian Federation should provide the list of exclusive personal situations (instead of circumstances) at which condemned to arrest mine zhet to be resolved telephone conversation with close or other persons;

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It is represented expedient to bring some specifications in item 152 Wick to the Russian Federation and to state it in the following edition: źthe Order and conditions of serving of arrest by the condemned military men are defined by chapters 10 and 19, and also other norms of the present Code, standard legal acts miniyosterstva of defence of the Russian Federation, and also serving rules ugoyolovnyh punishments by the condemned military men╗;

It is necessary to provide in the criminally-executive law vozmozhyonost without fail to apply to condemned to arrest such means

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Corrections as educational work, reception of the general education and vocational training by means of remote training, and also to provide performance possibility condemned to arrest of elementary kinds of works as a result of which performance the condemned will have vozyomozhnost monthly to earn not less than 20 % of the minimum wage rate, i.e. Attraction condemned to arrest to paid work;

It is necessary to make changes in ch. 1 and 2 items 71 Wick the Russian Federation, in particular nadleyozhit in addition to provide for condemned to arrest such measures pooshchyorenija, as the monetary award and increase in duration daily proyogulki at one o'clock, and also disciplinary measures in the form of cancellation of encouragement in the form of increase in duration of daily walk at one o'clock.

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The theoretical and practical importance of research consists that results of research can be used in normotvorcheskoj activity on perfection of the criminal and criminally-executive legislation and are considered by working out of instructions of the higher courts of justice and departmental normative acts, and also in prakticheyoskoj activity of the bodies executing punishments under criminal law.

A number of positions of dissertational research can be vostrebovayony in the course of scientific researches in the field of the criminal and criminally-executive right, and also at teaching of disciplines źCriminal prayovo╗ and źthe Criminally-executive right╗ in system legal educational zaveyodeny.

12 Approbations and practical realisation of results of research

Were carried out in following basic directions:

1. Dissertation substantive provisions were informed by the author at the scientifically-practical conferences spent to 2004 in Stavropol gosudaryostvennom the university, the Stavropol branch of the Moscow gumanitarno-economic institute.

2. Positions and dissertation conclusions were considered by working out raboyochih and curriculums on discipline "Criminal law" and źthe Criminally-executive right╗ for students of internal and correspondence forms of training on speyotsialnosti "Jurisprudence" (the Stavropol state university, the Stavropol branch of the Moscow gumanitarno-economic institute).

3. On a problematics of dissertational research by the author personally opubyolikovano 8 articles, in total amount 4,7 items of l.

The dissertation structure is caused by the purposes and research problems. Work consists of the introduction, two heads including five paragraphs, zakljucheyonija, the list used at a writing of the dissertation of regulatory legal acts and literatures.

The dissertation is issued according to requirements VAK of the Russian Federation.

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A source: Ryabova Lilija Viktorovna. ARREST AS the PUNISHMENT UNDER CRIMINAL LAW KIND: CRIMINALLY-LEGAL And CRIMINALLY-EXECUTIVE ASPECTS. The dissertation on competition of a scientific degree of the master of laws. Stavropol -. 2005
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More on topic Introduction:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. INTRODUCTION