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The system of measures of criminal-legal nature

https://doi.org/10.31429/20785836-13-1-46-54

Abstract

Purpose and Objectives: The article examines existing approaches to the systematization of criminal law measures and determines the prospects for the development of this system. The tasks related to the definition of measures of a criminal-legal nature, the establishment of methodological principles for their systematization and classification, the determination of the prospects for the application of measures of a criminal-legal nature in the implementation of criminal liability and exemption from liability are solved.

Methods: The work is based on the requirements and principles of system analysis, namely: objectivity, comprehensiveness, completeness of the study. The main method of research is classification, which assumes the coverage of all objects of the classification division and the justification of objective grounds for their gradation into types.

Results: As a starting point, it is necessary to include in the list of measures of a criminal legal nature only those that apply to persons who have committed crimes. It is proved that the measures of a criminal-legal nature are not identical to the criminal-legal consequences of committing a crime and criminal liability. Measures of a criminal nature are classified on the basis of three criteria, based on the ratio to criminal liability, on the possibility of joint appointment, and on internal content. It is recognized that criminal law measures form an independent criminal law institution, the content of which currently depends on the basic parameters of the country's criminal policy, and therefore possible prospects for the development of the types and content of criminal law measures are established. Special attention is paid to such a problematic topic as the application of criminal law measures in the release from criminal liability; the fundamental admissibility of their regulation in the criminal law is argued.

About the Author

Yu. V. Pudovochkin
Centre Russian State University of Justice
Russian Federation

Pudovochkin Yuriy Yevgenyevich - Doctor of Law, Professor
Senior researcher – Head of the Criminal Law Research Department at the Justice Issues Research 



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Review

For citations:


Pudovochkin Yu.V. The system of measures of criminal-legal nature. Legal Bulletin of the Kuban State University. 2021;(1):46-54. (In Russ.) https://doi.org/10.31429/20785836-13-1-46-54

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