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the CONCLUSION

In conclusion of dissertational research we will notice, that we had been considered teoretiko-applied bases of efficiency of restriction of freedom as kind of punishment taking into account three components: ­ ugolovnopravovoj, kriminologicheskoj and criminally-executive.

Studying of the reasons, character and scales of a problem of appointment and execution of a considered measure by means of an estimation of its productivity is actual in a modern science. In work the factors reducing efficiency of execution of punishment in the form of restriction of freedom have been analysed and revealed. Besides it, recommendations about reduction of influence of such factors are developed, measures of stimulation condemned to pravoposlushnomu are offered behaviour.

For increase of productivity of appointment and execution of punishment under criminal law in the form of freedom restriction are offered specified below action.

I. Application of restriction of freedom as additional punishment in bolshej to degree serves problems of prevention and successful rehabilitation. It is represented, that this function can take on itself administrative supervision that will be adjusted with the problems specified in item 2 of the Federal act «About administrative supervision for the persons released from the places of confinement». We believe, that it is expedient to exclude from ch. 2 items 45 UK the Russian Federation instructions on possibility of appointment of restriction of freedom as additional punishment. As it is required to recognise become invalid ch. 1 items 314 UK the Russian Federation and the note 1 to item 314 UK the Russian Federation, i.e. The positions providing the criminal liability for malicious evasion from serving of restriction of freedom, appointed as additional punishment. Thus, it is necessary to state ch. 1, 2 items 45 UK the Russian Federation in the following edition:

«1. Obligatory works, correctional labour, restriction povoennoj to service, freedom restriction, forced hard labour, arrest, the maintenance in disciplinary military unit, deprivation svobodyna certain term, lifelong imprisonment, a death penalty are applied only as principal views of punishments.

2. The penalty, the debaring to occupy certain posts or to be engaged in certain activity are applied in quality as the basic, and additional kinds of punishments. »

It suggested to rename item 314 UK the Russian Federation as follows: «Evasion from imprisonment serving, and also from application of forced measures of medical character» and to state in the following edition:

«1. Has become invalid.

2. nevozvrashchenie in correctional facility of the person condemned to imprisonment to which departure for correctional facility limits is resolved, after the expiry of the term of departure or absence in corresponding body of criminally-executive system of the person condemned to imprisonment to which respite or endurings the punishment is given, after the delay expiry of the term - is punished by forced hard labour for the term up to two years or imprisonment for the same term.

3. Evasion of the person, sexual preference suffering by frustration (pedophilia), not excluding responsibility, from application to it of forced measures of medical character - is punished by imprisonment for the term up to one year.

Notes.

1. Has become invalid.

2. The Criminal liability for fulfilment of the act provided by a part of third present article, comes in a case when compulsory
measures of medical character are applied to the person after punishment departure ».

II. We consider, that the establishment of the maximum term in four years for a considered kind of punishment is inexpedient. During this time the circumstances connected with execution of punishment, caused both the human factor, and perfection of means and control methods can change. Besides it if it is supposed, that for correction of the criminal 4 years there is a question on correctness of appointment of so soft punishment can be demanded. Hence, we suggest to review the maximum term of restriction of freedom towards decrease.

For this purpose it is necessary to state ch. 2 items 53 UK the Russian Federation in the following edition:

«2. Freedom restriction is appointed for the term from two months till three years for crimes of small weight and a crime of average weight...»

III. We believe, that is inexpedient to appoint freedom restriction in

quality of the basic punishment for crimes on household soil. In this case it will be practically impossible to achieve the object corrections condemned as invariable there will be conditions of its stay though and with certain restrictions. More likely, on the contrary, the similar situation will promote fulfilment of new crimes on household soil. Hence, the decision pravoprimenitelja about appointment of restriction of freedom as measures of criminally-legal influence should be based on data on all circumstances accompanying fulfilment of illegal act, on the personal characteristic of the guilty. Possible influence of application of considered punishment not only on the most condemned, but also on members of his family should be besides, considered. In this connection we suggest to bring in the text of the Decision of Plenum of the Supreme Court of the Russian Federation from 22. 12. 2015 ¹ 58 (red. From 29. 11. 2016) «About practice of appointment by vessels of the Russian Federation of punishment under criminal law» point 22. 1

the following maintenance: At the decision of a question on expediency
awardings punishment in the form of restriction of freedom the court should consider presence or absence of such factor, as fulfilment guilty crimes on household soil. In each concrete case it is necessary to take into consideration all circumstances has put for an establishment of possibility of correction of the person at application of this kind of punishment.

IV. To set of the factors determining decrease of efficiency kriminologicheskogo of forecasting in sphere of appointment and execution of punishment in the form of restriction of freedom, the following concerns:

- insufficiency and unauthenticity of data on a condition of criminality and measures of its prevention (latentnost the crimes, insufficient attention to regional features of territory);

- imperfection of positions of the legislation, causing complexities pravoprimenenija;

- absence validnyh techniques kriminologicheskogo forecasting;

- the problems connected with application and functioning of electronic means of tracking persons, condemned to freedom restriction;

- underestimation of the factor connected with the organisation of educational work with condemned to restriction of freedom;

- a problem of perfection of organizational maintenance of activity UII.

V. For the purpose of working out of algorithm of appointment and execution of punishment in the form of the restriction of freedom based on scientific achievements of some branches of law and criminology, taking into account developed pravoprimenitelnoj experts it is recommended to be based on results of the analysis of following factors which are necessary for considering during forecasting:

- detailed kriminologicheskaja the region characteristic;

- a kriminologo-psychological portrait condemned to punishment in
a kind of restriction of freedom;

- the psihologo-educational actions spent by employees of criminally-executive inspections;

- the conditions necessary for maintenance pravoposlushnogo of behaviour of persons, condemned to punishment in the form of freedom restriction;

- efficiency of use of electronic means of tracking the persons condemned to restriction of freedom;

-productivity of work of criminally-executive inspections at execution of punishment in the form of freedom restriction.

VI. Now in criminology and system of legal statistics there is no universal technique, allowing to estimate an actual state of affairs in region and in the country as a whole on crime control, its structure and dynamics, and also efficiency of work spent by law enforcement bodies. In practice there are big difficulties at attempt of finding-out of scales and character of crimes in concrete regions of the country, and, hence, there is inconvenient a carrying out operatively-razysknyh and preventive actions within the limits of crime control.

the Formula of efficiency of application and awarding punishment in the form of freedom restriction can be designated as a parity of actually reached social result during application of corresponding punishment under criminal law and expenses at realisation of the purposes which have been defined by means of appointment of this or that kind of punishment (EPN = FR: ZGO (EPN - efficiency of application of punishment; FR - actually reached social result; ZGO - state and society expenses).

actually reached result of execution of considered punishment is equal 63 %. However, at calculation of efficiency of application of punishment it is necessary to consider such factor, as factor of infringements of personnel UII which is defined under the formula: KNZ = (NZ * 1000): P, where NZ - quantity of the considered infringements of legality; P - number
the personnel. In this connection it is possible to assume, that efficiency of application of punishment in the form of freedom restriction (taking into account factor of infringements of personnel UII) ðàâíà57 %.

For increase of efficiency of application of punishment in the form of freedom restriction it is obviously necessary to carry out revealing potential «risk groups» from among the personnel ­ ugolovnoispolnitelnyh inspections, and also working out of a complex of precautionary measures on neutralisation or minimisation of action corresponding a determinant for the purpose of prevention of crimes.

VII. We believe, that there is a necessity of introduction of the automated program of registration and the crime reporting, fixing local/regional kriminologicheskih problems, reflexion of unsuccessful areas in a city/region and their characteristics, that also will promote definition of efficiency of activity of law enforcement bodies. Creation interactive «cards of crimes» (the city area, as a whole the city, and also certain region) on which basis "cards-forecasts" will be formed for this purpose is required. System «cards of crimes» can be under construction on the basis of geoinformation systems (GIS), for a long time used in the Internet - space for the characteristic of this or that district to climatic, geographical and social and economic signs. The given cards of crimes will allow to trace in real time street criminal activity in various points of a city, region, that is any territorial units of the Russian Federation. At the same time it becomes clear, what kinds of crimes are peculiar to this or that territory, and also what their specificity and dynamics, relation of number of crimes to a population of territorial unit and other kriminologicheskie to a detail. The supervising body which is carrying out the control over activity, connected with granting of data, significant
for the exact forecast of criminal activity, should settle down or in other region (in relation to the person under surveillance), or in to Moscow.

VIII. It is represented, that it is necessary to provide responsibility condemned, in a case if it deliberately supposes essential damages of the equipment of system of electronic monitoring of under control persons or makes the actions directed on impossibility of operation of the electronic device. Thus, it is offered to change edition of item 58 Wick the Russian Federation (having excluded a part 3). It is thought, that 2 it is necessary to state a part as follows:

«2. For infringement condemned an order and conditions of enduring the punishment in the form of freedom restriction criminally-executive inspection applies to it disciplinary measures in the form of the prevention or establishes means of electronic monitoring of under control persons. For fulfilment condemned within one year after removal of the prevention of any of the infringements specified regarding first present article, ­ ugolovnoispolnitelnaja inspection applies to it disciplinary measures in the form of official caution about inadmissibility of infringement of the restrictions established by court».

the Part 4 in our opinion it is necessary to add the item "d":

) condemned, deliberately admitted breakage or damage of audiovisual, electronic or other means of supervision ».

From a part 5 items 58 Wick the Russian Federation are necessary to exclude a phrase: «Malicious evasion condemned from enduring the punishment in the form of the restriction of freedom appointed as additional punishment, attracts responsibility according to the legislation of the Russian Federation».

IX. Considering, that item 72. 1 UK the Russian Federation provides possibility of an establishment of a duty condemned to pass treatment for a narcotism and medical and (or) social rehabilitation, we consider inexpedient an establishment of a similar duty in the norms regulating
questions, connected with appointment and execution of punishment in the form of freedom restriction. At the same time the criminal legislation does not contain instructions on consequences of evasion from passage of treatment for an alcoholism and a narcotism and rehabilitation. It is offered to change item 72 name. 1 UK the Russian Federation on «Awarding punishment to the person recognised sick narcotism or an alcoholism» and to state it in the following edition:

«1. At appointment to the person recognised sick narcotism or an alcoholism, the basic punishment in the form of the penalty, debaring to occupy certain posts or to be engaged in certain activity, obligatory works, correctional labour or restriction of freedom the court can assign on condemned a duty to pass treatment for a narcotism or an alcoholism and medical and (or) social rehabilitation.

2. The control over execution condemned duties to pass treatment for a narcotism or an alcoholism and medical and (or) social rehabilitation is carried out by criminally-executive inspection.

3. In case of evasion of the treatment condemned from passage either medical and (or) social rehabilitation the establishment or the body executing punishment takes to court representation about replacement of the appointed punishment with other kind of punishment. »

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A source: Hodzhaliev Saleh Ajsaevich. the Theory and practice of restriction of freedom as punishment kind. The dissertation on competition of a scientific degree of the master of laws. Grozny - 2019. 2019

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