Limits of alternativeness of criminal and legal sanctions
Автор: Minyazeva Tatyana Fiodorovna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 5 (12), 2014 года.
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Purpose: Consideration of questions of limits of alternativeness of the sanctions containing in the Criminal code of the Russian Federation. Methodology: Historical legal and formally legal methods were used. Results: In article recommendations about establishment of reasonable limits of criminal and legal sanctions and their alternativeness are formulated. The author notes that articles about bribery contain the wide range of limits of application of the sanctions, promoting corruption manifestation and not promoting the solution of problems of crime control. The author offered to establish a penalty only as additional punishment and also it is offered to return property confiscation to system of punishments. It is offered in sanctions of articles with the maximum limit of imprisonment in ten years, to set the minimum limit in five years of imprisonment; for nonviolent plunders with aggravating circumstances to establish the maximum term of imprisonment in seven years and, respectively, the minimum - three years. Within imprisonment in sanctions other crimes it is expedient to establish a gap no more than in four - six years. Novelty/originality/value: Article has high scientific value as in it topical issues of improvement of the criminal legislation of Russia in modern conditions are considered.
Короткий адрес: https://sciup.org/14027744
IDR: 14027744