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the Conclusion

Criminality — the difficult phenomenon determined by a large quantity of factors. Exarticulation from this weight of a role of punishment under criminal law — the uneasy scientific problem, which decision will create preconditions to number overcoming socially-politiyocheskih and economic problems.

The whole spectrum of opinions is presented to theories — from representations about an exclusive role of punishment in the criminality prevention, before negation of its influence on criminality. It is obvious, that such wide disorder of estimations complicates for the legislator the problem decision on construction criminally-legal sankyotsy on originally scientific basis.

Within the limits of dissertational research attempt obnaruyozhit empirical displays of influence of punishments under criminal law on criminality has been undertaken. The big scientific good luck was that at the moment of preparation of work the criminality poyosle has shown 1990th some considerable splashes and decrease, soyoprovozhdavshihsja changes in structure of the condemned. This circumstance has allowed to reveal the determinants having the strongest influence on criminality, and to specify theoretical representations about the criminality mechanism.

During research it has been established, that now the shape of all preyostupnosti in prevailing degree is formed under the influence of recurrent preyostupnosti the persons who do not have a certain source of the income. The given circumstance testifies that in Russia process political and ekonomicheyoskoj transformations from a socialist society in capitalist with prisushchiyomi to it merits and demerits has come to the end. The last were in detail considered in krimiyonologicheskoj to the literature of the Soviet period.

Studying of periodicity of fluctuations of criminality has allowed to reveal them mehayonizm and influence of punishments under criminal law on criminality. The primary impulse to it was given by the negative social and economic processes accompanying disintegration of the USSR. Criminality splash has led at this time to mass isolation of considerable number of criminals that has caused decrease in all criminality. After the lapse of six years (average term of imprisonment) during short time from deprivation places svoboyo
dy the significant amount condemned was released, the part from which has begun inyotensivno retsidivirovat. Most intensively this process occurred at the persons who do not have a certain source of the income. It has caused the following splash prestupyonosti, and further the situation has repeated.

The obtained data have allowed to make some conclusions rather mehayonizma criminality and a role of punishments under criminal law in its prevention.

In work it is confirmed, that the greatest negative influence on it is rendered by sharp economic and political changes. During such moments destabilizirovanyonoe the society reacts to occurring changes by explosive growth of criminality. Stabilisation of public relations leads to its subsequent decrease. NaYObljudaemye recently the crisis phenomena in economy do not lead obostreyoniju kriminogennoj to a situation as deterioration of economic indicators proisyohodit smoothly and allows the population to adapt for worsening conditions without skatyvanija in kriminal. The persons who do not have a certain source of the income, not reagiyorujut on deterioration obshcheekonomicheskoj situations as, unlike others sloyoev the population, their material prosperity is so modest, that in crises does not worsen any more.

Thus, the major means of counteraction of criminality on gosuyodarstvennom level is bar of claim by lapse of time of sharp jumps in level of incomes of the population and fast growth of unemployment.

Dependence of periodicity from which splashes and recessions prestupyonosti alternated, from the average penal term in the form of imprisonment allows to prove poyolozhenie about inadmissibility of its escalating during the crisis periods accompanied by fast growth of criminality. Such measure will inevitably lead to its repeated splashes which that will be stronger, than above there will be average terms of deprivation svoboyody, and, hence, and it is more number of the persons synchronously released from serving of this punishment.

During research parallels in history between behaviour of criminality in 1990th are found out and during the post-war period after 1949 Similarity consists in
Volume, that in both cases criminality after the first impulse caused by sharp negative social processes, after several fluctuations stabilizirovayolas. The given phenomenon testifies that the society comprises powerful an - tikriminogennye the factors connected, first of all, with stabilisation of a social status of persons, left punishment under criminal law. After a number of splashes the criminality invariably shows decrease to the certain, socially comprehensible level. Therefore in work the conclusion is proved, that punishment under criminal law is objazatelyonym, but not fixed assets of counteraction of criminality. Observed in nastoyojashchee time processes of a constant shake-up of the criminal legislation, not soprovoyozhdajushchiesja activization of social work and position improvement least zayoshchishchennyh social classes, have no practical value in business of the prevention of criminality. We believe, that the problem of scientific community consists in finishing to svedeyonija the legislator and all simple citizens of this simple true.

The important theoretical value of the received data about the mechanism of fluctuations of criminality consists that the criminologists investigating separate kinds prestupyoleny and efficiency of punishments, provided for their fulfilment, should uchityyovat a global trend of criminality and distinguish it from transient local vsplesyokov.

From a practical side, the understanding of this mechanism will allow the legislator to make the proved decisions on necessity of structural changes in system of law enforcement bodies, their number, material and technical obespecheyonii.

Explanation of laws of modern criminality and revealing of its cores a determinant were the precondition for consideration of essence of punishment and mehanizyoma its precautionary influence on criminality.

In work the conclusion is proved, that punishment under criminal law is, first of all, the violence applied to the person, committed a crime. Used zakonodayotelem and theorists terms "coercive measure", «an influence measure», "penalty", etc., In our opinion, do not reflect a phenomenon essence. In particular, the legislative term «a measure
The state compulsion »acts as an euphemism masking an essence of the phenomenon. Compulsion is always imposing to other person of rules and an image of behaviour proyotiv will of the person. Compulsion is impossible without application of violence or threat of its application. In a case with punishments under criminal law absolutely unessentially that to the condemned the physical violence was applied. At the same time at execution nakazayony it is laid down in such conditions when not to execute the requirements turned to it it cannot physically, otherwise to it measures vozdejyostvija up to the physical strength, special means or fire-arms can be applied.

It is impossible to deny, that the maintenance of punishments under criminal law is not settled by one violence. To the condemned other measures of influence are widely applied also: ubeyozhdenie and encouragement. However it is not necessary to forget, that their application is possible only under certain conditions — performance of regime requirements, observance ograyonicheny, ordered by court, etc., refuse from which osuzhde'nnyj cannot. Differently, in punishment under criminal law initially violence over condemned, vyrazhenyonoe in the specific forms distinguishing it from other kinds of violence.

The similar understanding of punishment has certain advantages: it iskljuyochaet the polysemy of terminology which is taking place at application of others termiyonov, and also corresponds to perception of punishment by citizens. The last obstojatelyostvo for research objectives is represented especially important as otrayozhaemye in consciousness phenomena and influence behaviour. For the citizens estimating risyoki, connected with probable adverse consequences planned prestupyoleny, has no the value, what educational ' actions will be with them provodityosja in the places of confinement. It degree of suffering which they can test is important only.

According to item 43 UK the Russian Federation punishment pursues three aims. However empiriyocheskimi by the facts realisation of the purpose of the prevention of crimes can be confirmed only. Moral correction condemned as the desirablest result of enduring the punishment does not give in to a statistical estimation. Legal ispravleyonie, consisting in abstention from fulfilment of new crimes, on the projavleyo
nijam it is identical to achievement of the purpose of the special prevention. Social justice restoration as the independent purpose of punishment is rather ambiguously perceived by theorists. Serious doubts rather vozyomozhnosti realisations of this purpose express. Now the most part condemned are the persons who do not have a certain source of the income, that is the citizens who have directly suffered from social injustice. In most cases to such persons more strict punishments, than to socially safe bribe takers are appointed. poyoslednim imprisonment for a simple bribe practically is not appointed.

Despite the specified circumstances, in work necessity of refusal of this purpose is not challenged. The attention is thus paid, that from the point of view preduprezhdeyonija crimes, the fair punishments perceived naseyoleniem as "deserved", capable to prevent new crime are most favourable. Taking into account the stated the conclusion, that efficiency precautionary vozdejyostvija punishments under criminal law on criminality — the complex indicator reflecting also efficiency of achievement of the purposes of correction (legal correction) and social justice restoration is proved.

In work the concept of efficiency precautionary vozdejyostvija punishment under criminal law which is understood as its ability to achieve the object preventions of crimes in developing sociopolitical conditions is formulated.

It is noticed, that used in works of previous researchers pokayozateli efficiency of punishment, and it is crime wave and relapse prestupleyony — in some cases yield the results, not allowing to draw an unequivocal conclusion on efficiency of punishments. Therefore it is offered to use at the analysis a number of other indicators, including, dynamics of number condemned, including sudimyh and for the first time condemned, dynamics of a crime rate in various social grupyopah. In some cases it is expedient to involve statistical data of the general harakyotera: about life expectancy, death rate principal causes, about level rozhdaeyomosti, etc.

In work rules of interpretation of separate indicators and them sovoyo are defined
kupnostej, and also the typical model of an estimation of efficiency preduprediyotelnogo influences of punishments under criminal law on criminality is developed. The concept "model" is wider under the maintenance, than concept "technique". The matter is that differences between separate kinds of crimes are so great what to estimate efficiency nakayozany for their fulfilment by a uniform technique it is not obviously possible: in a number sluyochaev for an estimation enough given about dynamics of a kind of crimes and relapse level.

In other cases it is necessary to study level latentnosti, in the third — to study statistical data about indicators of economic development, population health, etc.

Discriminating feature of the approach presented in work to studying efyofektivnosti punishments under criminal law is refusal of an estimation of efficiency of separate kinds of punishments. It is represented, whether that type questions «restriction svoyobody" »is effective are incorrect. Just as physicians for treatment of separate illnesses priyomenjajut those or other means, courts too select punishment under criminal law with the account mnoyozhestva circumstances. Incorrect such statement of a question is represented also:« Whether EffekYOtivno application of punishment in the form of forced hard labour for thefts ’ ». The matter is that in overwhelming majority are criminally-rule of law provided alteryonativnye ' sanctions. The persons committing crimes as show researches and proves to be true in our work, are guided by the most strict punishments, preduyosmotrennye for fulfilment of a concrete crime. In most cases it is imprisonment. Therefore correct statement of a question on efficiency nakazayony, in our opinion, sounds so: whether« punishments under criminal law, primenjaeyomye for murder (or other crime) in the present conditions ’ »Are effective.

Taking into account the stated positions about the concept maintenance «efficiency preduyopreditelnogo punishment under criminal law influences», its indicators, their rules inter - pretatsii has been spent approbation of the offered model on an example of murders, iznayosilovany and the violent actions of sexual character made in otnoyoshenii of persons, not reached chetyrnadtsatiletnego age, bribe reception, prestupleyony, the narcotics connected with illegal circulation and psychotropic veyo
shchestv, infringement of rules of traffic on an example of item 264 UK the Russian Federation. The specified encroachments have been selected for the analysis for social danger or prevalence reasons, but, first of all, owing to scientific complexity which is represented by an estimation of efficiency of punishments for their fulfilment. The analysis effektivnoyosti punishments on the selected crimes assumes approbation various etayopov offered model of an estimation. In particular, by consideration of murders it was necessary to study the data presented to theories on high degree latentnosti these crimes. Concerning violent encroachments against sexual freedom and sexual inviolability of the juvenile there are data about rapid growth of number of such crimes, about impossibility of correction of criminals, about presence of biological preconditions of their fulfilment. Concerning bribery there was a steady opinion on necessity of toughening of punishments for this crime, restoration nakazayonija in the form of a confiscation and an inefficiency of multiple penalties. From the scientific point of view studying of efficiency of punishments for this crime is interesting to that criminal statistics data show a safe picture which will not be adjusted with theoretical representations about its social danger, mneniyoem the population about prevalence of graft and even simple household nabljudeyonijami. Therefore the conclusion proved in work about low efficiency of punishments for bribery is based not only on criminal statistics data about a previous conviction and punishments for the given crime, but also on the analysis of messages on the facts vzjatochnicheyostva at building of the large infrastructural projects which are on kontroyole at the higher officials of the state.

Attraction of statistical data of the general character was required and at the analysis of efficiency of punishments for illegal circulation of narcotics and psiyohotropnyh substances. In work the information on the highest level latentyonosti such crimes that does not allow to use data criminal statistiyoki for estimation carrying out is confirmed. The conclusion about low efficiency of punishments under criminal law for tayokie encroachments is based on data Rosstata about life expectancy, death rate principal causes, about birth rate level in the Russian Federation.

The crime provided by item 264 UK the Russian Federation, is interesting to that represents the typical careless crime connected with infringement of special rules. In work it is shown, that changes of the punishments provided for it prestupyolenie, have not conceived precautionary effect. At the same time decrease in number of such crimes is connected with perfection of a road infrastructure, means viyodeokontrolja and increase of the general culture of drivers.

On the basis of the received data about efficiency precautionary vozdejyostvija punishments under criminal law in work recommendations about them optimizayotsii, and also on perfection of the criminal legislation and preventive measures are proved.

It is necessary to notice, that in work the general estimations of efficiency predupreyoditelnogo influences of punishments under criminal law and for a number of other crimes are made. So, at the analysis of the basic tendencies of criminality the conclusion that punishments under criminal law for thefts, robberies, robberies and rapes are now efyofektivnymi is proved. Besides, obtained data about efficiency of punishments under criminal law for murder can be extended to deliberate causing of heavy harm to health owing to similarity a determinant of these crimes and a number kriminologicheskih characteristics, and data under item 264 UK the Russian Federation characterise, in our opinion, printsipialyonye the restrictions inherent in the prevention of careless crimes, the special rules connected with infringement, by means of punishments under criminal law.

From criminal statistics data about a previous conviction and punishment in Russia it is visible, that a considerable part of the punishments under criminal law provided by item 44 UK the Russian Federation, it is applied rather seldom. The basic loading under the prevention of crimes is born by imprisonment, the penalty, correctional labour and obligatory works. In this connection shiroyokie possibilities of "thin fine tuning» punishments under features of the person konkretyonyh criminals appear not claimed by practice.

It is broken sistemnost at definition of an order of punishments in item 44 UK the Russian Federation. In rayobote necessity of a premise of correctional labour and freedom restriction in the beginning of the list of punishments, an exception of correctional labour of the list nayo is proved
kazany which can be appointed conditionally. It is underlined, that long terms lisheyonija freedom often applied by the legislator recently, from the point of view of the prevention of crimes, are useless. So, imprisonment for the term of 8-12 years for murder has sufficient precautionary influence. We believe, that izmenyochivost representations about fair terms of punishments can be used zayokonodatelem for their optimisation and an exit from a trap of long terms liyoshenija freedom in which it has tired out itself(himself), establishing duration liyoshenija freedom at cumulative sentence till 30-35 years. Means for this purpose javyoljaetsja smooth decrease in punishments for a number of expecially dangerous encroachments.

In work necessity of introduction for action of punishment under criminal law in the form of arrest which on the severity comes nearer to imprisonment is proved, but does not bear such risks desotsializatsii condemned and fastenings of their communications in the criminal environment.

On the basis of the analysis of data about distribution of probability of relapse preyostupleny in time after clearing of enduring the punishment possibility of decrease in terms of cancellation of conviction for the persons leaving nayokazanie in the form of imprisonment, till five years is shown.

The great value for increase of efficiency precautionary vozdejyostvija punishments under criminal law has sovereignty maintenance in sphere criminally-pravovoyogo lawmakings. The country constitution, a number of the major normative acts priniyomalis under strong ideological influence of the western countries. In criminally-legal sphere such dependence was showed in actual refusal of death penalty application when corresponding international obligations Russia not imeyoet. Cases of loan of the western approaches to criminal law construction (change of system of Special part UK the Russian Federation, cloning of special provisions, a fragmentation of a subject of a crime etc. Take place.). At the same time it is valid perspektivyonaja a measure, namely, the criminal liability of legal bodies, at domestic zayokonodatelja does not cause interest.

Recently have appeared scientific ' publications about presence of the congenital
Propensities to fulfilment of some crimes. Authors the technique vyjavyolenija the persons inclined to their fulfilment, on the basis of the analysis dermatoglificheskoj kartiyony fingers of hands is offered. Distribution of similar data staticizes discussion about sootyonoshenii biological and social in criminal behaviour. disseryotatsionnogo researches this theme concerns a subject so far as as revealing of congenital propensity to fulfilment of separate kinds of crimes will change podhoyody to punishment under criminal law and estimations of its efficiency. However the carried out analysis of the presented researches in the given sphere has not revealed existence of convincing proofs of presence of such propensities. However, in work it is not denied such vozyomozhnost. Feature of scientific knowledge consists that once and for all solved questions do not happen also any scientific statements should pass check novejyoshimi data.

Summing up the spent work, it is necessary to notice, that the model of an estimation of efficiency of punishment under criminal law presented in research opens samostoyojatelnoe a direction in the field of criminally-legal and kriminologicheskih issledovayony and promotes rapprochement of these two directions of scientific knowledge. DejstvitelYOno, receptions applied at the analysis and methods are more peculiar to criminology, odyonako conclusions carry as criminally-legal, and kriminologichesky character: in what borders punishments under criminal law are effective, and where their influence stops, whether the sizes of sanctions are sufficient, or they are necessary for changing, if efficiency reserves nakazayonija are settled, what measures of the general and special prevention are capable reyoshit a problem of the prevention of crimes?

Revision from the point of view of efficiency of kinds and the sizes of punishments under criminal law on all groups of the crimes presented in UK the Russian Federation, will allow to optimise and reduce the State expenditure involved for execution of punishments, and also to lower the costs connected with kriminogennostju of the places of confinement, disintegration of social communications condemned etc.

Essentially increase potential of similar researches researches of "the big data» (Big Data), that is the computer can razrabatyvaeyomye now
nyj the analysis saved up in various structures, the companies, the organisations of huge files of various data about detection of those or other dependences between separated klasterami information.

The spectrum of possible directions of researches and techniques applied thus is rather wide, that gives hope of reception in the future interesting scientific reyozultatov, capable considerably to raise efficiency criminally-legal ohrayony.

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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

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