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THE CONCLUSION

The carried out research of kinds of punishment on criminal law of the Yemen Republic and the Russian Federation has allowed to come to following conclusions:

In Muslim criminal law in general and in criminal law JR, in particular, there is no definition «concept punishment» and its purposes.

Punishment in the Yemen republic is closely connected with features of development of the Yemen society on the basis of principles of Sheriyat, the Koran and Sunny, operating in time and space for a constant basis.

Punishment in the Russian society is connected with features of its development in moral, political, socially, cultural and legislative spheres because without these features it is impossible to understand punishment systems in history of criminal law of Yemen and Russia.

The legal nature of punishment in criminal law JR differs from legal nature of punishment in criminal law of the Russian Federation. UK JR it is aimed at corporal punishment because category punishments huddud, kisas, dijja, tazir correspond to the crime nature huddud, kisas and tazir, i.e. inseparably linked with a crime. Punishment is mainly perceived as a penalty, for example, requital by murder for murder. For criminal law of the Russian Federation the corrective punishments consisting in refusal of corporal punishments, and also in considerable reduction of application of a death penalty, restriction of application of imprisonment, expansion of a circle of the punishments which have been not connected with imprisonment, definition of an order of awarding punishment and methods of its execution are characteristic.

In article 43 UK the Russian Federation is fixing a sentence and its purposes. The position, similar item 43 UK the Russian Federation, we suggest the Yemen legislator to fix in UK JR for the further development of the criminal legislation of the country, not denying thus Sheriyat bases (the Koran and

Sunny). From definition of concept of punishment on UK the Russian Federation it is possible to use following position ch. 1 items 43 UK the Russian Federation: «Punishment is the measure of the state compulsion appointed on a sentence vessels. Punishment is applied to the person recognised guilty of committing a crime, and consists in the deprivation provided by the present Code or restriction of the rights and freedom of this person». Besides, it is possible to use ch. 2 items 43 UK the Russian Federation where it is spoken about the punishment purposes: «Punishment is applied with a view of social justice restoration, and also with a view of correction condemned and preventions of fulfilment of new crimes».

We analyse punishment system on criminal law JR on the basis of communication of legal instructions with Muslim dogmatikoj and on UK the Russian Federation on the basis of legislative and normative acts. The punishment system is fixed in item 38 UK JR and includes 11 kinds of punishment. The law carries to them: 1) a death penalty; 2) zabrasyvanie stones to death; 3) hand or foot cutting off; 4) other corporal punishments; 5) castigation; 6) imprisonment; 7) dija; 8) ursh; 9) the penalty; 10) the crucifixion; 11) obligatory work.

The punishment system in UK the Russian Federation is fixed in item 44 where 13 kinds of punishments enter: «) 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 the state awards; obligatory works; correctional labour; restriction on military service; has become invalid; freedom restriction; з.1) forced hard labour;) arrest; the maintenance in disciplinary military unit; imprisonment for certain term; lifelong imprisonment; a death penalty».

This list - settling, court JR or court of the Russian Federation, accordingly, cannot appoint other punishment not entering into it.

As a substantiation of existence and functioning of the system of penalties following positions have been allocated:

- All investigated norms assume transformation of limits of the most strict kind of the punishment provided by the sanction of article of Special part UK JR and the Russian Federation, but thus is not considered, that the most strict kind of punishment provided by sanctions of articles of Special part UK JR (item 125-128, 227, 228, 234, 263, 264, ch. 3 items 307) and UK the Russian Federation (ch. 2 items 105, item 277, 295, 317 and 357) are a death penalty;

- «A legislative establishment of principles, the general and special rules, obligatory at appointment of concrete kinds of punishments;

- Generality of the statutory purposes of application of the basic and additional kinds of the punishment consolidated in system, and possibility of application of various means of an individualization of punishment for achievement of objects in view;

- Possibility of replacement of not left part of punishment by softer kind of punishment, and also clearing of the auxiliary view of punishment condemned in full or in part from serving »[241].

The essence of system of punishment on criminal law JR consists that any kind of punishment under criminal law from categories "huddud", «kisas,« dijja "and" tazir »represents the compulsory punishment (penalty) connected with the deprivation of life, or a certain measure of restriction of a legal status of the person for this or that crime. On the basis of communication of legal instructions with dogmatikoj Sheriyat main principles of system of punishment on UK JR - from more strict to less strict punishment are constructed.

Main principles of regulation of criminal law JR as a whole and punishment under criminal law, in particular, are provided in the Koran and Sunne. We consider it as the positive factor since severe punishments of categories "huddud" and "kisas", provided by the Koran and Sunnoj for sodejannye crimes, are reduced by quantity of perfect crimes in JR and in the Muslim countries (category punishment "tazir" is defined at judicial discretion).

As the basic sources of criminal law in JR are the Koran and Sunna substantive provisions UK JR are steady enough, unlike UK the Russian Federation.

We consider system of kinds of punishment and classification of punishments by Criminal code JR and the Criminal code of the Russian Federation is given. The system of kinds of punishment on UK JR represents established by the criminal law and obligatory for court the exhaustive list of kinds of punishments of a category "huddud", "kisas", "dijja" and "tazir", placed in a certain order on degree of their weight, taking into account character of punishments and comparative weight (from more strict to less strict).

Classification of punishments on UK JR qualitatively differs from classification of punishments on UK the Russian Federation. So, all kinds of punishment under criminal law on UK JR are provided the item 38-101и share on two groups: 1) principal views of punishments; 2) additional kinds of punishments.

In the Arabian and Yemen criminally-legal literature all kinds of punishments are classified on groups: 1) corporal punishments (a death penalty, cutting off of finitenesses; quartering for causing corporal damages, castigation); 2) the corrective punishments, concerning restrictions or imprisonments (committing to prison for certain term, obligatory works, probation with supervision appointment); 3) forfeitures (the penalty, dija, ursh); 4) other punishments.

Under article 45 UK the Russian Federation punishment under criminal law kinds are classified in the order of their application on three groups: 1) the cores; 2) the additional; 3) carrying out functions of the basic and additional.

In the Russian legal literature there is a classification of kinds of punishments by various criteria:

- One after another (way) of their appointment;

-On the subject to whom they are applied;

- Whenever possible term definitions;

- On character of the influence rendered on condemned at their application.

We give the characteristic of principal views of the punishment under criminal law provided UK JR and UK the Russian Federation. Under Criminal code JR all kinds of punishment are characterised as the cores, additional, and on occasion as replacing. The basic and additional kinds of punishment under criminal law of a category "huddud", "kisas" are established by Sheriyat. Kinds of punishment of a category "tazir" are applied at judicial discretion, all of them are reflected in the law (item 38-101 UK JR). Replacing punishments (item 70 UK JR) are softer and are appointed only in case for any reason use "kisas" is impossible.

As a result of the spent analysis separate kinds of punishments on UK JR and UK the Russian Federation which coincide as a kind are allocated, but differ the terms and in the sizes. The general and special kinds of punishments are established. To general views are carried such, as: the penalty, obligatory works, deprivation the right to occupy certain posts or is engaged in professional work, imprisonment.

On UK JR (item 106) punishment is appointed in a kind imprisonment in correctional facilities; on UK the Russian Federation (item 88) punishment is appointed in a kind or the penalty, or imprisonment in educational colonies of the general or strengthened mode.

Basic difference UK the Russian Federation from UK JR consists that in UK the Russian Federations are provided punishments in the form of corrective and forced hard labour, arrest, restriction of freedom, lifelong imprisonment which are not present in UK JR.

On the basis of the carried out research we formulate offers on perfection of criminal legislation JR. For example, the death penalty as in UK JR is expedient for applying a punishment kind only for category crimes "huddud" and "kisas", i.e. for an encroachment on the rights of the Allah (interests of a community and a society) and for premeditated murder fulfilment according to norms of Sheriyat (the Koran and Sunna). We consider, that for the purpose of a humanisation of criminal legislation JR and according to the international norms about the rights and freedom of the person, it is necessary to cancel a death penalty for all high treasons of a category "tazir".

Besides, we suggest to consider item 38 of the Criminal code operating in territory of Southern Yemen (NDRJ), and to use its positions at inclusion of new articles in UK JR. This article said: «Punishment has not for an object causing of physical or moral sufferings, i.e. the state does not revenge criminals, and punishment does not pursue the aim simply to punish the criminal as punishment is turned into the future».

The carried out analysis of kinds of punishments, and also internal structure of each kind of punishment has allowed to recognise their multilevel character and to reveal their features. System of kinds of punishment as a whole and each kind of punishment separately contain a complex of levers on the condemned. This complex is individualised by court at adjudgment, and by bodies of execution of punishment is realised according to the law.

Thus, the kinds of punishments analysed by us on criminal law JR and the Russian Federation have shown their uniqueness and specificity in the course of formation and development. The important factor which has influenced criminal law JR, the fact of presence of traditional system of the Moslem law was: systems of the interdictions expressed in bringing to criminal liability for preljubodejstvo and the use of alcohol in public places.

Punitive measures for the given crimes in the form of castigation or imprisonment and the penalty correspond to Islamic criminal law, and it means, that now the Islamic criminal law has not lost the positions as system of operating rules of law in territory JR.

Punishment principal views on UK JR can join other basic punishments, for example, imprisonment, the penalty, dija and ursh. On UK the Russian Federation, on the contrary, they cannot join other principal views of punishments as are appointed only independently.

Principal views of punishments concern: a death penalty (categories huddud, kisas, tazir); zabrasyvanie stones to death; cutting off of finitenesses (a hand or a foot); other corporal punishments; castigation; imprisonment; dija or ursh; the penalty; obligatory works. These are kinds of punishments are listed in item 38 UK JR.

To additional punishments UK JR carries: the debaring to occupy certain posts and to be engaged in certain activity; to be the selected works or the voter; to be the editor of the publication; to have the newspaper or the debaring on establishment closing; the debaring to be the intermediary or poruchejnikom; to be the expert or the witness; the debaring on the inheritance; on carrying of awards and medals; on fire-arms carrying; on free moving; on departure for native land limits; visiting of places of carrying out mass and others action; exclusion of the foreign person from the country (item 101), and also putting on of duties and police surveillance (item 102), a confiscation (item 103 UK JR).

Proceeding from it, it is expedient to provide in articles 38, 101 General parts UK JR two independent lists - the basic and additional kinds of punishments in various articles, unlike UK the Russian Federation where the list of the basic and additional kinds of the punishments constituting in aggregate uniform systems of penalties, is given in article 44, i.e. Before everyone the same purposes stand a punishment kind, but at the same time they differ from each other means of their achievement.

The subsystem of the basic punishments on UK the Russian Federation is a set of the cores of the most strict (in comparison with additional punishments) measures «the criminally-legal character, interconnected, being in uniform structure of the system of penalties, carrying out the leading part both having universal and functional value in respect of achievement of all purposes of punishment and the decision of problems of the criminal legislation».

Hence, all kinds of punishments in the list of alternative punishments of norms of the Special part of the Criminal code of the Russian Federation are listed from less strict to more strict. The place of each kind of punishment in this "ladder" is defined by the penalty maintenance in this connection they can be divided into less strict, average severity, strict and especially strict.

As it is represented, regarding 1 article 60 UK the Russian Federation «awarding punishment General principles» is reflected attempt of elimination of this problem by instructions that «more strict kind of punishment from among provided for the committed crime is appointed only in case its less strict kind cannot provide achievement of the purposes of punishment». This position most full fixes a humanistic principle of economy of criminal reprisal, a celebration not retaliatory essence of punishment under criminal law, and, first of all, its educational basis.

Taking into account comparative weight of the basic and additional kinds of punishment we suggest to include in the list of their kinds what are not specified in UK JR: arrest, corrective and forced hard labour, restriction on military service, the maintenance in disciplinary military unit for all kinds of war crimes; lifelong imprisonment and also to cancel a death penalty for category political crimes "tazir" and on the given crimes, to extend practice of application of imprisonment or lifelong imprisonment.

Leaning against the drawn conclusions, it is possible to approve, that carried out complex rather-legal research of system of punishment in whole and all kinds of punishments, in particular, on operating UK JR and UK the Russian Federation allows to consider experience of the criminal legislation of the Russian Federation for perfection of means of achievement of the purposes of punishment under criminal law and their efficiency in crime control in the Yemen Republic.

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A source: HANTUSH SALEH MEHDI ABDULLA. KINDS of PUNISHMENTS ON CRIMINAL LAW of the YEMEN REPUBLIC And the RUSSIAN FEDERATION (rather-LEGAL ASPECT). The DISSERTATION on competition of a scientific degree of the master of laws. Kazan -. 2016

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