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§ 2. The punishments appointed conditionally

According to ч.1 item 44 UK RSFSR probation can be applied at appointment guilty punishments in a kind liyoshenija freedom or correctional labour. Other punishments cannot be appointed conditionally, as their appointment protivoyorechit essence of probation.

Probation in a combination to the reference or dispatch is incompatible, for appointment of the given punishments assumes first of all a separation of the offender from its criminal communications to exclude possibility of repeated fulfilment prestuple -

ny. Achievement of this purpose is possible only in case of real serving of the appointed punishment in the form of the reference or dispatch. It is impossible to apply conditionally dismissal from a post as leaving guilty of a post harms the state or public interests. Probation is inapplicable at appointment as the core nakazayonija debaring to occupy certain posts or zanimatyosja with certain activity. After all data appointment nakazayonija is connected with necessity of the prevention of relapse with stoyorony the persons which crimes have been connected with their official position or professional work. netselesoobrazyono a combination of probation to appointment in quality osyonovnogo punishments of putting on of a duty to smooth down prichinenyonyj harm. As the essence of the given punishment consists in that the condemned has eliminated damnified by a crime. For this purpose given punishment should be appointed only realyono.

Inadmissibility of application of probation at naznayochenii as the basic punishment of the penalty or social censure also does not raise the doubts. These kinds of punishment are in the Soviet criminal law the softest and priyomenjajutsja when for achievement of objects in view enough infringement property or moral inteyoresov guilty. Therefore there is no necessity to establish also preferential for the application of data condemned an order nakazayony as they are one-act measures ugolovnoyopravovogo influences. Conditional condemnation, as is known, is possible only at appointment of the punishments executed during
Certain time interval ^.

Also probation is incompatible with appointment nayokazanija in the form of a direction in vospitatelno-labour profilakyotory »the Given punishment applied only to persons, osuzhdaeyomym for vagrancy or begging or conducting other parasitic way of life. Achievement of the purposes of punishment concerning these persons probably only in the conditions of their isolation where behind them necessary supervision is provided, are carried out a complex of measures of labour and educational character, napravyolennyh on familiarising with work, education of requirement for work, respect for rules of a socialist hostel.

It is inexpedient, in our opinion, probation application to a direction in a disciplinary battalion. The given punishment extends only on a certain circle of persons - military men of the regular military service and consists in their compulsory direction for certain term in a special part - distsipyolinarnyj a battalion »we Will pay attention, that though time nahozhdeyonija in a disciplinary battalion in time services are not set off, however under the petition of command of a part where there has arrived for the further service the military man, bezuprechyonaja the service in a disciplinary battalion can be under the permission of the commander military district or fleet zachtena in time sluzhyoby» Besides, to condemned to a direction in a disciplinary battalion at observance of corresponding conditions by them the law supposes application is conditional-preschedule clearings from nakazayonija.

According to item 2 of item 57 UK RSFSR the persons who have left naka -

I. See: Lomako V. A. Probation application. - Kharkov,

1976. - S.59-60. ‘

- 47 -

zanie in a disciplinary battalion or ahead of schedule released from it, are considered not having a previous conviction. Thus, if to condemned to a direction in a disciplinary battalion primeneyono is conditional-preschedule clearing of punishment, and time nayohozhdenija in a disciplinary battalion zachteno in time services, retaliatory influence of the given punishment is reduced to a minimum. In a case of application of a direction in a disciplinary battalion instead of imprisonment for the term up to three years, court and so okazyvayoet indulgence to guilty, therefore hardly it is necessary also conditionally to appoint the given punishment.

Summing up told »we will notice, that, in our opinion, the legislator obosnovanno provides possibility primeneyonija probation only at appointment guilty lisheyonija freedom or correctional labour. From data zakonodatelyonogo positions follows, that, despite qualitative distinction of the named kinds of punishment, on distinction of severity level of their retaliatory properties, threat of that application and another nakazayonija admits an effective prophylactic.

However the studying of judiciary practice undertaken by us priyomenenija probation testifies, that, as a rule, probation is applied at awarding punishment in the form of imprisonment, and only in 1,5 % of cases studied ugoyolovnyh affairs - at appointment of correctional labour. We will pay attention to results of research of V.V.Skibitskogo, provedenyonogo during the period before the operating legislation. UslovYOnoe condemnation at appointment of correctional labour was applied only to each fiftieth probationeer, and, usually it was done by court of cassation at sentence change about

I

Real appointment of correctional labour. Comparison reyozultatov our research and V.V.Skibitskogo's research allows to draw a conclusion that courts, as during the period before the operating legislation, and current nedoyootsenivajut educational value of appointment of correctional labour conditionally. Now relative density of application isyopravitelnyh works conditionally actually remained on former urovyone. Such position of judiciary practice can be estimated only is negative. If during the period before operating zakonodatelyostva threat by specific performance of correctional labour not obesyopechivalas owing to insufficient retaliatory means of this punishment the current legislation nedostayotok has eliminated this.

The decree of Presidium of the Supreme body of RSFSR from December, 3rd, 1982 makes essential changes and additions in pravoyovuju a regulation of the correctional labour, strengthened them karatelyonoe the maintenance. Nowadays correctional labour can be naznayocheny in from two months till two years, while earlier - from one month till one year. Besides, ch. Z item 27 UK RSFSR not only provides possibility zayomeny correctional labour without imprisonment by the penalty in otnoyoshenii the persons recognised invalid, but also establishes the exact sizes of the penalty in cases of such replacement. Unlike earlier operating order at which only malicious ukyolonenie from correctional labour attracted their replacement with imprisonment, rendering possibilities now are expanded

I. See:Скибицкий V.V. Zakonodatelstvo Ukrainskoj of the Soviet Socialist Republic about probation and practice of its application: avtoref.dis.... kand.jurid.nauk. - Kiev, 1972. - С.13.

Corrective-labour influence on condemned to ispraviyotelnym to works. According to ч.1 item 28 UK RSFSR evasion from serving of the correctional labour appointed in a place of work, can entail replacement of this kind of correctional labour by another, heavier - with serving of the appointed punishment in others mesyotah, defined by the bodies knowing their application, but around a residence condemned. Thus, these measures do not suppose development of evasion into the malicious. If replacement of one kind of correctional labour by another has not led zhelaeyomym to results and condemned continues to evade from otbyvayonija punishments, its actions should be considered as malicious evasion that allows court to replace correctional labour

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Imprisonment.

Strengthening of retaliatory elements in the maintenance ispravitelyonyh works has made threat by specific performance given nakazayonija an effective prophylactic. Whether there will be realizovayona a threat or not, depends on the probationeer, from its behaviour during a trial period. The law predpisyvayoet to the probationeer in a trial period to observe certain requirements: not to commit a new crime, priyomernym behaviour and fair work to justify the trust rendered to a hedgehog (ч.1 item 44 UK RSFSR).

In case of infringement by the probationeer of the given requirements threat is realised by means of cancellation of probation and a direction condemned for serving appointed court naka -

I. See: Ivanov A, Cooper S.Praktika of appointment and ispolneyonija punishments in the form of correctional labour without imprisonment//Sov.justitsija. - 1984. - № 22. - С.13.

zanija (ch.b, ч.7 item 44 UK RSFSR).

As the maintenance of correctional labour is opreyodelennyj the law the volume pravoogranicheny, an including number of the retaliatory elements mentioning material intereyosy condemned, and also the norms concerning its conditions

I work, probation cancellation to correctional labour attracts specific performance of these pravoogranicheny.

Thus, in our opinion, threat by real serving of the correctional labour appointed conditionally, is an effective remedy of the prevention of new crimes. However some practical workers yet have not appreciated izmeneyonija, brought in the criminal legislation. In a case narusheyonija guilty the requirements shown to it at probation, they still prefer threat primeneyonija imprisonments before threat of application of correctional labour. Such judiciary practice requires, from our point zreyonija, in change.

Now to vessels are given real vozmozhnosyoti for expansion of appointment of correctional labour conditionally. The decree of Presidium of the Supreme body of RSFSR from December, 3rd, 1982 not only has strengthened the retaliatory maintenance of correctional labour, but

I. 0 maintenance of correctional labour see, for example: AlekseeYova G. A. Problems of perfection of correctional labour without imprisonment. Dis.... kand.nauk. - Sverdlovsk, 1977. - S.54-55; Korneyev A.V.correctional labour without deprivation svoyobody as a punishment under criminal law kind: avtoref. dis.... kand. jurid.nauk. - M, 1986. - С.II.

Also has considerably increased relative density of this punishment in sanctions of articles of Special part UK RSFSR at the expense of introduction of correctional labour alternatively with deprivation свободы* and in some cases and as a result replacements of imprisonment with them. 8сли in UK RSFSR 1960 correctional labour has been provided by 126 sanctions in UK RSFSR in the edition operating since January, 1st, 1983 this measure is provided in 162 sanctions, without sanctions for the soldier -

I skie crimes.

Changes in a legal regulation of correctional labour allow vessels to apply the given punishment more widely. So, in 1982-1984 the share of correctional labour among the punishments applied by vessels of Gorki area, has constituted 18,7 %, and among the punishments which have been not connected with imprisonment, - ' 43,1 %. Thus correctional labour was appointed, as a rule, for the crimes which are not heavy, and to persons, not predstavljajuyoshchim the big social danger. Results konkretnoyosotsiologicheskogo researches testify, that ispravitelyonye works were appointed for fulfilment of the deliberate crimes which are not representing to the big social danger, - in 88,9 %

1. See: Anashkin G. Z. About theoretical and practical problems of application and research of the new criminal legislation//Theoretical.i practical problems new criminal zakoyonodatelstva. - Sb.nauch.trudov. - M, 1965. - С.15; MelnikoYOva JU.B.some aspects of practice of application criminal zakoyonodatelstva about correctional labour//Communication legal nauyoki with practice. - M, 1985. - С.367.

2. See: Korneyev A.V.decree.rabota. - С.16.

The studied criminal cases, and in 11,1 % of criminal cases for the neowatchman - t

nye crimes. Probation just also should priyomenjatsja for fulfilment of such crimes.

Let's pay attention and to a position of vessels in appointment dopolyonitelnyh of punishments condemned to correctional labour. NarjaYOdu with correctional labour of 20 % by the condemned additional punishment has been appointed. If to take for 100 % of all condemned to correctional labour by which additional punishment 63,5 % from them are appointed the debaring is appointed to occupy certain posts or to be engaged defined dejatelyonostju, 11,1 % - a confiscation, 25,3 % - others dopolniyotelnye punishments ^. Possibility of a combination of probation to correctional labour with additional punishments, kroyome references, dispatch and a confiscation which faktichesyoki also are not appointed, increase probability of application usyolovnogo condemnation to the persons condemned to corrective raboyotam with appointment of additional punishment.

Thus, in our opinion, are available real predyoposylki for expansion of appointment of correctional labour conditionally. Them are: the legislative increase in possibility naznacheyonija correctional labour for crimes, for fulfilment kotoyoryh has been provided earlier imprisonment; strengthening karayotelnyh elements in correctional labour; appointment isprayovitelnyh works, as a rule, for crimes, not having appeared -

1. See: Korneyev A.V.Ukaz.rabota. - С.17; Grekova T.M.neyokotorye questions of application of correctional labour//Legal problems on caucasus. - Krasnodar, 1984. - With. 137.

2. See: Melnikova J.B.Ukaz.rabota. - С.368.

ljashchie the big social danger; wide appointment doyopolnitelnyh the punishments, condemned to corrective работам* does not specify the Law to what kind of correctional labour probation can be applied: in a work place osuzhyodennogo or in other places defined by bodies, knowing application of correctional labour, but around a residence osuzhyodennyh. From here it is possible to draw a conclusion, that probation can be applied both to that, and to other kind of correctional labour. Results of our research testify that correctional labour in a place of work condemned, as a rule, is conditionally appointed, in single instances - ispraviyotelnye works with serving in the places specified by bodies vnutyorennih of affairs ^. In our opinion, probation application is expedient only to one kind of correctional labour - in a place of work condemned. Appointment is conditional correctional labour "in other places” supposes possibility real ispolyonenija this kind of correctional labour only in the future if as a result of non-observance condemned during a trial period of the requirements shown to it, probation concerning it has been cancelled also it has been directed for real serving appointed before punishment. Meanwhile appointment of correctional labour expediently only is real, and in otnoyoshenii the persons who have committed a crime in connection with sluzhebyonoj or professional work. Appointment to such persons of correctional labour “in other places" conditionally loses

I. See, for example: Definition of the Full court of the Supreme Court of RSFSR from 15.05.85 on Item business//the Bulletin of the Supreme Court of RSFSR. - 1986. - № 1. - С.7.

The sense for in this case they remain to work on a former place that creates obstacles for achievement concerning them the punishment purposes.

Article 44 UK RSFSR does not contain any restrictions concerning kinds of crimes for which fulfilment probation cannot be applied, and also does not provide the list of persons on which it does not extend.

However Plenum of the Supreme Court of the USSR in decision item 2 ”on probation application” from March, 4th, 1961 (with the subsequent changes) has explained to 0 judiciary practice, that probation, as a rule, should not be applied to liyotsam, guilty fulfilment of grave crimes. The court can priyomenit probation to separate participants such preyostupleny only when is established vtorostepenyonaja a role of these persons and also if the data characterising lichyonost guilty and circumstances at which it is made preyootuplenie, give the basis to consider inexpedient isolation condemned from a society Thus though Plenum VerhovYOnogo of Court of the USSR does not exclude possibility of application of probation to the persons who have made grave crimes, but preduyosmatrivaet it only as an exception.

However Plenum explanations in judiciary practice are observed not always. As an example of wrong application conditional osuzhdeyonija business Fedorova can serve. Feodors, being in a state of intoxication, operated a motorcycle "Izh-floodlight" and from hooligan promptings to stick began unjustly to Voroshilovoj, wasps -

I. See: the Collection of decisions of Plenum of the Supreme Court of the USSR. 1924-1977. - 4.2. - M, 1981. - С.105.

korbljat its obscene abuse, has twice struck it in a temporal part of a head, having caused easy physical injuries. After etoyogo, Feodors has approached on a checkpoint of a motor-vehicle pool of Svetlolobovsky state farm where in the presence of citizens has struck Mutovinu. When priyosutstvujushchie tried to cause by phone workers of militia, Feodors, being expressed by obscene abuse, has seized telephone apyoparat and has broken it about a floor. On the offer of the workers who have arrived on a scene of militia to pass with them in Feodor's police station has refused, tried to escape, broke from itself clothes, it was pulled out. The help of citizens to connect Fedorova then it has been delivered in NovoYOsel about vs which police station Was required. The Balahtinsky regional people's court correctly qualified actions Fedorova on ч.1 item 191-1 UK RSFSR and on ч.2 item 206 UK RSFSR, however at appointment nayokazanija has admitted a number of errors. Feodors RSFSR to odnotsu to year of imprisonment have been condemned on ч.1 item 191-1 UK, on ч.2 item 206 UK RSFSR the punitive measure has not been defined, and at once opredeleyono punishment under cumulative offences in five years of imprisonment. With application of item 44 UK RSFSR punishment is appointed conditionally with a trial period in five years, and on the basis of item 22 UK RSFSR Feodors have been subjected to the penalty on 100 roubles.

Not only that at awarding punishment under cumulative offences law gross violations have been admitted: on prayovilam, to provided items 40 UK RSFSR, before definition okonyochatelnoj measures punishment for everyone preyostuplenie separately should be appointed. At the same time the punitive measure on ч.2 item 206 UK RSFSR Fedorovu has not been defined, besides, as additional punishment to it the penalty has been appointed,
Though in the sanction ч.2 item 206 UK RSFSR the penalty in quality dopolniyotelnogo punishments is not provided, and in ч.1 item 191-1 UK RSFSR the penalty is provided only as the basic punishment alternativyono with imprisonment and correctional labour. Probation also has been applied unreasonably. The court has not given nadyolezhashchej an estimation to that circumstance, that one of the crimes made Fedorovym, is heavy - ч.2 item 206 UK RSFSR, and also has not considered data about the person of the guilty: Feodors already rayonee was we judge for malicious hooliganism and served time in the places of confinement. Again made by it malicious huliganyostvo and resistance to workers of militia testifies that Feodors has not made conclusions of previous condemnation, therefore application to it of probation is too soft measure and will not promote its correction and pereyovospitaniju. In this connection the Full court decision on criminal cases ^asnojarskogo regional court about cancellation of a sentence of the Balahtinsky regional people's court concerning Fedorova in a kind of softness appointed nakazayonija ^ is represented correct.

Transfer of examples of unreasonable application uslovyonogo condemnation to the persons who have made grave crimes, mozhyono to continue. The reasons of presence of a similar sort of errors in sudebyonoj to practice are concluded in the law, for it not predusmatriyovaet any restrictions of application of probation, and an explanation of Plenum of the Supreme Court of the USSR on this question noyosjat the general character.

I. See: Archive of Krasnoyarsk regional court for 1983 UgolovYOnoe business №> 06-1251.

In the legal literature as comparison of two instiyotutov - probation and respite it was marked: "Probation is not connected with any ograyonichenijami in its application. The delay is not applied to vinovyonym in fulfilment most grave crimes, specially ukayozannyh in the law. In practice to these persons probation" Results of our research sviyodetelstvujut that in Х5 % of the studied criminal cases probation was applied to the persons who have made grave crimes is not applied also. However practical workers quite often had serious doubts about expediency of application of probation to such persons. We will track, for example, movement of criminal case Tsvetinsky.

The minor Tsvetinsky under the invitation of schoolmate Garanina has come to it home where they began to play cards. During game between them there was a quarrel in which process Tsvetinsky has pulled out from a pocket a table knife and has put Garaninu two blows in a stomach, having caused heavy physical injuries. PriYOgovorom the Ljuberetsky city people's court Moscow obyolasti Tsvetinsky it is condemned on ч.1 item 108 UK RSFSR by five years of imprisonment. On criminal cases of the Moscow provincial court the sentence is left by Full court definition without izmeyonenija. The presidium of the Moscow provincial court has left without udovyoletvorenija brought by the vice-president of the Supreme Court

I. Mihlin A.S.way of perfection of a legal regulation of competing institutes in criminal and the correctional labour law//Communication of jurisprudence with practice. - M, 1985. - C.38I.

RSFSR the protest in which the attention to the question on decrease TSvetinskoYOmu of punishment and application of item 44 UK RSFSR was brought.

The full court on criminal cases of the Supreme Court of RSFSR under the protest of the vice-president of the Supreme Court of RSFSR has cancelled the decision of Presidium of the Moscow provincial court, and a sentence and cassation definition concerning Tsvetinsky has changed, on ч.1 item 108 UK RSFSR has lowered the punishment appointed to it to three years of imprisonment and on the basis of item 44 UK RSFSR has enacted to consider conditional with a trial period in three years.

The assistant to the Public prosecutor of RSFSR has brought the protest, in which poyostavil a question on cancellation of definition of the Full court on criminal cases of the Supreme Court of RSFSR and about leaving without izyomenenija all previous decisions. In the protest it is underlined, that at awarding punishment Tsvetinsky the court has considered all circumstances softening responsibility, therefore the Full court on criminal cases of the Supreme Court of RSFSR has unreasonably lowered Tsvetinsky punishment and has applied item 44 UK RSFSR.

The protest of the assistant to the Public prosecutor of RSFSR is left by the decision of Presidium of the Supreme Court of RSFSR without satisfaction. It has been thus specified, that Tsvetinsky earlier to criminal otvetstyovennosti it was not involved, disturbances of public peace did not suppose, it was positively characterised on a residence and a study place. After committing a crime Tsvetinsky itself took measures to a call of workers of militia, took hard happened, on preliminary investigation and in judicial zasedayonii sincerely repented in sodejannom. Pedagogical kollekyotiv schools where it was trained Tsvetinsky, petitioned before the court of appelate jurisdiction for application to it conditional osuzhdeyo
nija and its transfer on correction and re-education. Considering infancy Tsvetinsky and concrete circumstances deyola, the Presidium of the Supreme Court of RSFSR has come to conclusion, that SudebYOnaja the board on criminal cases of the Supreme Court of RSFSR obosnoyovanno found possible to lower appointed Tsvetinsky the order - I nie and to apply to it probation.

In our opinion, the position of the assistant to the Public prosecutor of the RSFSR which have brought the protest on definition of the Full court on criminal cases of the Supreme Court of RSFSR, is represented proved. PriYOmeniv to Tsvetinsky probation, the Full court has not considered properly character and degree public opasnosyoti the grave crime made by it, having concentrated all vniyomanie on data about the person of the guilty. However the account only danyonyh about the person of the guilty is insufficient for probation application. The law establishes, that probation primeyonjaetsja when court, considering circumstances of business and the person guilty, comes to belief about netselesoobraznosyoti servings guilty imprisonment or correctional labour.

Business Tsvetinsky shows, that workers pravoohranitelyonyh bodies differently approach to the question decision about vozmozhnosyoti probation applications to the persons who have made grave crimes. From our point of view, those who considers neyotselesoobraznym probation application to such persons are right. On the essence probation is focused on primeneyonie it to the persons who have committed crimes, not representing to the big social danger. In this case degree obshchest -

I. See: Archive of the Supreme Court of RSFSR for 1983 Criminal case № 400-p 83 avenues

I vennoj dangers of the committed crime and the person, it soveryo

Sewing, it is insignificant »Fulfillment guilty heavy prestupleyonija testifies to such degree of the social danger of its person which excludes application to it of probation. V.I.Tkachenko correctly marks:“ Conditional osuzhdeyonie such persons is capable to harden only consciousness beznakazannosyoti which All appears a condition for fulfilment new prestupyoleny ”it allows to come to conclusion that in item 44 UK it is necessary to specify RSFSR about impossibility of application of probation to the persons condemned for grave crimes. Necessity to limit probation application for fulfilment of grave crimes follows and from comparison of a legislative regulation of probation and respite. More strict measure of influence - otsrochyoka provides executions of sentence defined ograniche - g nija in application to the persons who have made grave crimes, and

Probation, softer measure of influence - is not present. This illogicality of the law should be eliminated.

From item 12 of the decision of Plenum of the Supreme Court of the USSR "to 0 judiciary practice on application of a delay of execution prigovoyora"> 8 from June, 21st, 1985 follows, that the court cassation or the supervisory authority has the right to replace imprisonment with otsrochyokoj executions of sentence with probation. In case of such replacement the trial period appointed court cannot exceed 2 vessels of term of a delay defined on a sentence.

I. Tkachenko V. I. Awarding punishment: the Manual. - M,

1985. - С.43.

i 2. See: the Bulletin of the Supreme Court of the USSR. - 1985. - № 4. - С.16.

As probation application is not put depending on weight of the committed crime, courts of appelate jurisdiction, correcting errors of the people's courts which have applied otyosrochku executions of sentence to persons in which relation the law forbids its application, change a sentence by replacement otyosrochki executions of sentence to probation. However in this case to probation the role "kompensirujushcheyogo respite of institute" is taken away. So, for example, the full court on criminal cases of Krasnoyarsk regional court has changed a sentence of the Central regional people's court of of Krasnoyarsk concerning Polezhaev condemned on ч.1 item 108 UK RSFSR, having enacted the punishment appointed to it in the form of three years of imprisonment with suspended execution of sentence to consider conditional with a trial period in two years. Thus motiviyorovka applications to Polezhaev of respite the trial court it is identical to motivation of application of probation by the court of appelate jurisdiction ^.

Similar "automatic substitution" imprisonments with otyosrochkoj executions of sentence by probation quite often wind chaetsja in practice of courts of appelate jurisdiction. Possibilities for tayokoj substitutions are put in pawn in the law, as in it otsutyostvuet an interdiction for probation application to persons, soyovershivshim grave crimes.

In the legal literature judgements about vvedeyonii restrictions in probation application expressed. According to M.G.Ugrehelidze, it is necessary to specify item 32 of Bases (item 44 UK RSFSR)

I. See: Archive of Krasnoyarsk regional court for 1983 UgolovYOnoe business № 06-2225.

"By introduction in the text of the law of instructions on character and degree of the social danger of a crime (objective criterion) and establishments of concrete term of the appointed punishment (foryomalnyj criterion) over which probation not dolzhyono to be applied. At the same time it will be necessary to make the important reservation, that this last formal restriction not rasyot prostranjalos on the persons who have committed careless crimes. V.A.Lomako even more concretised the offer. On it» to opinion, in the law it is necessary to specify, that probation should not be applied to the persons who have committed crimes, for kotoyorye court in the form of imprisonment punishment is appointed to term from above a nut of years. And these restrictions should extend and on minors. I.N.Mihajlova considers, that "would be to fix correctly legislatively in items 44 UK of the recommendation given by Plenum of the Supreme Court of the USSR, having added with its following part: Probation is not applied to persons, having made -

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shim the crimes listed in item 7 of the present Code, except for execution cases guilty minor royoli, and also to the persons listed in item 2 ch. Z item 24 of the present Code "

1. Ugrehelidze M. G »the Account of the objective and subjective moments at perfection of the Soviet criminal legislation//Problems of criminal law in the light of decisions ХХУ1 of congress KI1CC. - Sb.nauch.trudov. - M, 1983. - С.88.

2. Sm.:Ломако V.A.Ukaz.rabota. - S.56-57.

3. Mihajlova I.N.parit between an execution delay priyogovora and probation//Vestn. Leningr.un. A series 6. CPSU history, scientific communism, philosophy, pravo.-Vyl.I. -

1986. - С.98.

It is easy to notice, that the general for the given offers [XVII] is only restriction of possibility of application of probation to the persons who have made grave crimes, instead of its exception.

In our opinion, the probation institute is effective only in relation to the persons who have committed crimes, not predyostavljajushchie the big social danger. In the relation of the persons who have made grave crimes, for achievement of the purposes nakazayonija application of more strict measures of influence is necessary. poyoetomu to the persons who have made grave crimes, possibility of application of probation should be excluded. The given offer, in our opinion, corresponds modern tenyodentsijam the Soviet criminal policy.

The Prosecutor General of the USSR M.A.Rekunkov in the report of the third session of the Supreme body of the USSR of the eleventh convocation "About dejatelyonosti on supervision of execution of requirements of the Soviet laws on law and order strengthening, protection of the rights and legitimate interests of citizens” marked Offices of Public Prosecutor of the USSR: "itself practice of application of correctional labour Completely justifies, delays isyopolnenija sentences, probation to those who has committed for the first time insignificant crimes and is capable to be corrected without isolation from a society, than in many respects promoted vneyosennye in 1982 of addition and change in criminal zakonoyodatelstvo. At the same time to recidivists, malicious plunderers, bribe takers, the persons making grave crimes against the person, vessels appoint strict punitive measures. Such approach to appointment of measures of punishment under criminal law completely otve -

I chaet to interests of a society ".

The important instructions on this question contain in postanovyolenii Plenum of the Supreme Court of the USSR from April, 26th, 1984 "About some questions arising in judiciary practice at primeyonenii of Decrees of presidium of the Supreme body of the USSR from July, 26th, 1982" About the further perfection criminal and the ispraviyotelno-labour legislation "and from October, 15th, 1982" About modification and additions in some zakonodatelyonye certificates of the USSR ". In a preamble of this decision it is told, that courts should apply more widely the measures which have been not connected with lisheyoniem of freedom, to the persons who for the first time have made acts, not predyostavljajushchie the big social danger, capable ispravityosja without isolation from a society ^.

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A source: GORJAJNOVA EKATERINA ANATOLEVNA. CONDITIONAL OSUVDENIE ON the SOVIET CRIMINAL LAW. The dissertation on competition of a scientific degree of the master of laws. Moscow - 1987. 1987

More on topic § 2. The punishments appointed conditionally:

  1. § 2. System and kinds of the administrative punishments appointed for fulfilment of customs offences.
  2. independence of the expert appointed structure of arbitration
  3. the expert appointed the party
  4. military punishments and punishments for war crimes
  5. chapter 1. Teoretiko-legal bases and social conditionality conditionally-parole from punishment in the Russian Federation and Byelorussia
  6. Tit Alexander Aleksandrovich. CONDITIONALLY - PAROLE FROM PUNISHMENT In the CRIMINAL LEGISLATION of the RUSSIAN FEDERATION And REPUBLIC Belarus. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018, 2018
  7. § 3. Appointment of additional punishments at probation
  8. not applied punishments
  9. § 2. Other additional punishments
  10. §2. System and kinds of punishments.
  11. § 3. An order of appointment of administrative punishments in sphere of customs business.
  12. § 2. Classification of punishments under criminal law
  13. classification of punishments in the system of penalties
  14. § 1. The punishments directed on deprivation of the certain rights
  15. § 4. Tendencies of application of punishments under criminal law
  16. § 2. The punishments connected with isolation from a society
  17. 3.5. Scientific maintenance of problems of execution of the punishments which have been not connected with isolation condemned from society
  18. the punishments limiting property rights, the legal capacity and the status condemned
  19. § 4. Efficiency of administrative punishments in sphere of customs business.