| Popis: |
The article is devoted to the study of the law enforcement of criminal punishment in the form of restriction of freedom and its significance in the system of punishment. Modern trends in the economy and social life in the country determine the policy of gradual humanization of punishment for some crimes while increasing the punishment for others. This process is accompanied by the introduction of new, previously not applied forms of punishment, which should serve as an alternative to imprisonment for a certain period. The analysis of statistical data on the application of punishment with isolation from society to various categories of convicts shows that the use of deprivation of liberty should be reduced, especially for minors and women. By limiting the use of punishment in the form of imprisonment, it is possible to protect the individual from the influence of the criminal environment. Punishment in the form of restriction of freedom allows achieving the goals of criminal punishment without deprivation of liberty and isolation from society. When considering the nature of punishment in the form of restriction of freedom should pay attention to such a legal structure as a conditional sentence. In the criminal-Executive practice, the punishment in the form of restriction of freedom and conditional conviction are implemented almost identically, but in the science of criminal law, there is no common position on the legal nature of the conditional conviction. The most important difference between restriction of freedom and conditional conviction is that the scope of restrictions on the right of a convicted person to punishment in the form of restriction of freedom is established in the law, and it is exhaustive, and the scope of restrictions on the right of a probationer can be both narrowed and expanded. Creation of alternatives to punishment in the form of imprisonment is one of the most important directions of modern criminal policy, both in Russia and abroad. This type of punishment in the future can be more widely used in the practice of Russian justice, as it allows a person sentenced to this type of punishment to remain a full member of society, to maintain socially useful connections and to exclude the introduction of a person who committed a crime for the first time or of minor severity, to a criminal subculture. |
