Peculiarities of the Criminal and Intelligence Nature of Imposing Punishment in the Form of Restriction of Freedom

Kirill A. Chistyakov, Elnur Fazil ogly Gadzhiev, Normunds Ilmarovich Pavlukevich

2021

Abstract

It would be wrong in denying the unalterable fact of certain correlation between the results of law enforcement intelligence operations and the efficiency and effectiveness of the results of the sentence enforcement. This fully applies to such a relatively new for Russian criminal law type of punishment as restriction of freedom. Speaking about the current edition of the Criminal Code of the Russian Federation, appearance of restriction of freedom as a type of punishment could be attributed to 2009, although initially this type of punishment was present in the system of punishments when the current Criminal Code of the Russian Federation came into force. However, the introduction of restriction of freedom was delayed due to the lack of material and economic conditions for its implementation. At the session of the State Council Presidium that was dedicated to the issues of penal enforcement system functioning (the session took place on February 11, 2009 in Vologda), the President of Russia pointed to the necessity of humanization of criminal punishment system, including through dramatic multi-vector review of norms of Criminal Code of the Russian Federation regarding such punishment measures as restriction of freedom and arrest. One of the main objectives in the execution of the considered punishment is the goal of preventing the convicted person from committing new crimes. In this case, the undeniable benefit is provided by the law enforcement intelligence operations. Through a number of law enforcement intelligence operations, criminal intentions are revealed and offences and crimes are suppressed, which makes the process of execution of punishment more effective and the goals of punishment quite achievable. The aim of the study is to confirm the thesis about the need to review the place, role and special social purpose of punishment in the form of restriction of freedom within the general system of criminal punishment types. The objectives of the study include the determining factors of identification of genesis-functional commonalities of the two branches of legislation – law enforcement intelligence and criminal.

Paper Citation

in Harvard Style

Chistyakov K., Gadzhiev E. and Pavlukevich N. (2021). Peculiarities of the Criminal and Intelligence Nature of Imposing Punishment in the Form of Restriction of Freedom. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 300-305. DOI: 10.5220/0010635800003152

in Bibtex Style

@conference{closa21,
author={Kirill A. Chistyakov and Elnur Fazil ogly Gadzhiev and Normunds Ilmarovich Pavlukevich},
title={Peculiarities of the Criminal and Intelligence Nature of Imposing Punishment in the Form of Restriction of Freedom},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={300-305},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010635800003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Peculiarities of the Criminal and Intelligence Nature of Imposing Punishment in the Form of Restriction of Freedom
SN - 978-989-758-532-6
AU - Chistyakov K.
AU - Gadzhiev E.
AU - Pavlukevich N.
PY - 2021
SP - 300
EP - 305
DO - 10.5220/0010635800003152