Criminal and general law consequences of criminal record comparative-law research
Автор: Gabdrahmanov Farit Vadutovich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 4 (11), 2014 года.
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Purpose: To conduct a comparative legal research on the consequences of criminal record and to identify the main classification groups, expand their content Methodology: Legal, historical and comparative methods, methods of analysis and synthesis are used. Results: This paper presents a comparative legal analysis of the consequences of a criminal record, which are classified into two groups: criminal law and general law consequences. Criminal legal consequences of criminal record are proposed to include criminal legal consequences as such, penal and criminal procedural. General law consequence include those restricting rights and freedoms in constitutional, civil, labour, family and other areas. It is shown that the general law consequences of criminal record differ from criminal law consequences as they are regulated not by criminal, criminal procedural and penal legislation but by other federal laws, can have effect after the cancellation and removal of a criminal record, can affect not only a convicted person, but also his relatives, and even legal entities. Novelty/originality/value: The article has a high scientific value, because it proposes a new classification of criminal law consequences of criminal record and for the first time it is concluded that general law consequences may have effect after cancellation and removal of criminal record, can affect not only a convicted person, but also his relatives, and even legal entities.
Короткий адрес: https://sciup.org/14027727
IDR: 14027727