Уральский журнал правовых исследований

Выпуск №2

УДК: 343
DOI: 10.34076/2658_512X_2021_2_63
Год: 2021, Номер: 2, Страницы 63–67
Лицензия Creative Commons
Это произведение доступно по лицензии Creative Commons «Attribution-NonCommercial» .

Some Features of the Appointment of Deprivation of the Right to Engage in Certain Activities as a Punishment for Minor Criminals

Авторы:

Sergey V. Lemekhov


Информация о статье:

Тип статьи: юриспруденция


Для цитирования:

S. V. Lemekhov, Some Features of the Appointment of Deprivation of the Right to Engage in Certain Activities as a Punishment for Minor Criminals, Ural Journal of Legal Research, 2021, No. 2. pp. 63–67. DOI 10.34076/2658_512X_2021_2_63.


Аннотация:

The article notes that bringing to criminal responsibility and the appointment of criminal punishment for minors is associated with certain features. The specificity is manifested, inter alia, in the types of punishments that can be imposed on this category of criminals. The author analyzes the peculiarities of the appointment of juvenile criminals of punishment in the form of deprivation of the right to engage in certain activities, the issues of the need for this type of punishment and the proportionality of the timing of its appointment in relation to this category of criminals. The author examines the norms of criminal legislation, judicial practice, including the relevant Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation”, and various legal positions. The author emphasizes that scientists treat this type of punishment and its appointment with a certain disdain for this category of criminals. Particular attention, according to the author, deserves the types or areas of activity, which the court prohibits the involvement of minors as a punishment for committing a crime. The problema is formulated, the author provides possible ways of its solution. In particular, the relevance of this measure is provided by the fact that for a certain list of crimes, the specified punishment is provided as a mandatory additional punishment. It is noted that the rare practical application of this type of punishment should not be equated with the fact that this punishment is ineffective for the correction of the convicted person, social justice. According to the author, this type of punishment deserves reform, since when certain crimes are committed, it allows to fully realize the goals of criminal punishment.


Список цитируемой литературы:

1. Dolgopolov K. A. Appointment of minor punishments in the form of arrest and deprivation of the right to engage in certain activities / / Gaps in Russian legislation. 2017. Legal reference system “Consultant Plus”. - Access mode: http://www.consultant.ru (date of appeal: 09.07.2020).

2. Zadorozhnaya A. O. The appointment of a minor punishment not related to deprivation of liberty //A collection of articles on the results of the International scientific-practical conference on may 08, 2018. 2018. P. 254-258.

3. Fedotova, E. N. The application of criminal sanctions in the form of deprivation of the right to practice certain activities in relation to minors //III international penitentiary forum “Crime, punishment, correction” (for the 20th anniversary of the entry into force of the Criminal Executive code of the Russian Federation). 2017. p. 415-418.


Ключевые слова:

criminal liability of minors, deprivation of the right to engage in certain activities, types of punishments


Полный текст статьи