FROM FREEDOM CONDITIONS TO PERSON ISOLATION CONDITIONS IN THE SYSTEM OF PUNISHMENT AND PREVENTIVE MEASURES
Journal: PENAL LAW
Volume 13 № 3
, 2018
Rubrics: THE THEORY OF PENAL LAW
Authors:
1.
Samarskiy yuridicheskiy institut FSIN Rossii
Type:
Article
Pages:
from 289
to 293
Status:
Published
Received:
28.09.2018
Accepted:
28.09.2018
Published:
28.09.2018
Subject area:
UDK 343.852
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
freedom, isolation, measures of state compulsion, penalties, restriction meas- ures, the right for free movement
Abstract (English):
The existing system of penalties and preventive measures in the Russian Fed- eration has undergone significant changes and additions in recent decades. Punishments and preventive measures are universal, in fact, complementing and substituting each other. On the basis of the dichotomy “freedom (will) - non-freedom (captivity, isolation)” it is concluded that at the moment the content of punishments is somewhat wider than it is determined by their name and essential characteristics. The elements of deprivation of liberty extend to punishments not related to the isolation of the individual, and vice versa when the punishments related to depri- vation of liberty are filled with elements of other punishments including those ones not related to the isolation of the individual. A similar point can be observed with regard to certain preventive measures. In the article the provision “ freedom (will) - non-freedom (captivity, isolation)” is not subjected to a comprehensive analysis, but focuses exclusively on the right of the individual to free movement in a particular place (territory). This right is not limited to institutions (places) that ensure the armed coercion of the person to stay within the boundaries of the object of serving sentences. This right is studied in the aspect of forcing a person to stay within administrative territories (cities, districts, etc.).
The existing system of penalties and preventive measures in the Russian Fed- eration has undergone significant changes and additions in recent decades. Punishments and preventive measures are universal, in fact, complementing and substituting each other. On the basis of the dichotomy “freedom (will) - non-freedom (captivity, isolation)” it is concluded that at the moment the content of punishments is somewhat wider than it is determined by their name and essential characteristics. The elements of deprivation of liberty extend to punishments not related to the isolation of the individual, and vice versa when the punishments related to depri- vation of liberty are filled with elements of other punishments including those ones not related to the isolation of the individual. A similar point can be observed with regard to certain preventive measures. In the article the provision “ freedom (will) - non-freedom (captivity, isolation)” is not subjected to a comprehensive analysis, but focuses exclusively on the right of the individual to free movement in a particular place (territory). This right is not limited to institutions (places) that ensure the armed coercion of the person to stay within the boundaries of the object of serving sentences. This right is studied in the aspect of forcing a person to stay within administrative territories (cities, districts, etc.).
Keywords:
freedom, isolation, measures of state compulsion, penalties, restriction meas- ures, the right for free movement
freedom, isolation, measures of state compulsion, penalties, restriction meas- ures, the right for free movement
1. Problemy obschey teorii gosudarstva i prava / pod obsch. red. V. S. Nersesyanca. M., 1999. 409 s
