FEATURES OF THE LEGAL STATUS OF THOSE SENTENCED TO PUNISHMENTS AND MEASURES NOT RELATED TO ISOLATION FROM SOCIETY, ASSOCIATED WITH PROPERTY RECOVERY
Description
The article is devoted to the consideration of the issues of the legal status of those sentenced to punishments and measures not related to isolation from society, associated with property recovery. The author examines the peculiarities of the legal status of a convicted person, depending on the specific type of criminal punishment assigned to him, not related to isolation from society, associated with property recovery. As a result of the study, the author made a generalized conclusion about the peculiarities of the legal status of a person, depending on the amount of legal restrictions associated with the execution of a specific type of criminal punishment. The aim of the study is to analyze the legal status of a convicted person depending on the application of a specific type of criminal punishment to him, as well as other measures not related to isolation from society. In the process of research, the author proceeds from the concept of the steam position of convicts, its consolidation in legislation and the scope of restrictions provided for by a specific type of punishment. We believe that the peculiarities of the legal status of those sentenced to punishments and measures not related to isolation from society, associated with property recovery directly depends on the punishment imposed by the court and the peculiarities of its execution, the characteristics of the person in respect of whom this or that type of punishment is applied, as well as the characteristics measures of a criminal-legal nature, not related to isolation from society, associated with property recovery. In the process of executing the above punishments, the legal status of a person can be both improved (associated with the correction of the convicted person), and their scope can be expanded or toughened (in the case of malicious evasion from serving the sentence).
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References
- Seliverstov V. I. Theoretical problems of the legal status of persons serving sentences. Moscow, 1992, — P. 23;
- Brilliantov A. V. The concept, content and socio-legal significance of the legal status of convicts // Actual problems of criminal law, criminology and criminal executive law, scientific works of the Department of Criminal Law. Moscow, 2017. — P. 122—142;
- Marina E. A. Legal restrictions on the general civil status of those sentenced to imprisonment // Russian investigator. 2007. No. 2. from. nineteen.;
- Ivashin D. I. The legal status of those sentenced to imprisonment in the Russian Federation. author. dis. ... Cand. jurid. sciences. Irkutsk: 2003.
- Kombarov R. V. The legal status of persons sentenced to punishment in the form of restriction of freedom. author. dis. ... Cand. jurid. sciences. Academy of the Federal Penitentiary Service of Russia. Ryazan 2014.
- Konova I. N. Features of the legal status of those sentenced to compulsory work / collection of materials of the interuniversity scientific and practical seminar. 2016;
- Korzhikova A. T. The legal status of convicts sentenced to alternative types of punishment associated with compulsory involvement in labor. author. dis. ... Cand. jurid. sciences. Academy of Law and Management of the Federal Penitentiary Service of Russia. Ryazan 2010.
- Afanasev, M. V. (2019) Issues of implementation by the penitentiary inspectorates of control over the observance by convicts of a ban to occupy certain positions or engage in certain activities // Legal Bulletin, Vol. 4. 2, — p. 15–19.
- Gadzhiev, Kh. I. Penalty as a type of punishment under Soviet criminal law: diss. ... Cand. jurid. Sciences / Kh. I. Gadzhiev. — M., 1987.
- Sarkisyan N. B. Confiscation of property in the system of measures of criminal-legal impact // Criminal policy of the Russian Federation: Problems of formation and implementation collection of materials of the All-Russian scientific-theoretical conference. Rostov 2017, — p. 100—104
- Abramenko V. B. Confiscation of property as a means of preventing crimes in the field of economic activity: author. dis. ... Cand. jurid. sciences. — M., 2010. — P. 9.