LEGAL STATUS OF FOREIGN CITIZENS IN THE EXECUTION OF CRIMINAL PENALTIES: HISTORY, CURRENT STATE, DEVELOPMENT PROSPECTS
Abstract and keywords
Abstract (English):
The article discusses the peculiarities of the application of Russian penal enforcement legislation in relation to a special specific category of convicts - foreign citizens. In the course of the research, general and special methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. Attention is drawn to the development of the penal status of foreign citizens since the XVII century. The paper notes that the process of execution of criminal penalties with the participation of foreign persons has peculiar features. The authors come to the conclusion that the need to improve the legal regulation of the penal enforcement status of convicted foreign citizens makes it possible to propose the introduction of an additional measure of punishment in relation to the category of convicts under study - the criminal expulsion of foreign citizens from the Russian Federation.

Keywords:
convicted person, foreign citizen, criminal punishment, translator, expulsion of a foreign citizen from the Russian Federation
Text
Publication text (PDF): Read Download
References

1. Alekseev, S. S. 1981, General Theory of Law, in 2 vols, vol. 1, Moscow.

2. Gavrilov, E. D. 2017, ‘The main stages of formation and development of the legal status of foreign citizens in Russia’, Eurasian Union of Scientists, iss. 7-1(40), viewed 18 October 2022, https://cyberleninka.ru/article/n/osnovnye-etapy-stanovleniya-i-razvitie-pravovogo-statusa- inostrannyh-grazhdan-v-rossii.

3. Golovastova, Yu. A. 2016, ‘Modification of the subject of penal enforcement law as a branch of law’, Penal law, iss. 2(24), pp. 56-59.

4. Zhukova, N. A. 2003, Criminal proceedings involving foreign citizens in pre-trial stages in the Russian Federation: PhD thesis (Law), St. Petersburg.

5. Kolchevsky, I. B. 2003, The effect of criminal law on a circle of persons: monograph, Moscow.

6. Korsik, K. A. 1997, Theory, practice and problems of legal regulation of the status of foreign citizens in the Russian Federation (experience of comparative legal research): Sc.D thesis (Law), Moscow.

7. Nagaev, E. A. 1999, Guarantees of the rights and legitimate interests of foreign citizens in pre-trial proceedings in criminal cases: PhD thesis (Law), Moscow.

8. Naumov, A.V. 1996, Russian criminal law, General part: a course of lectures, Moscow.

9. Kudryavtsev, V. N. & Naumov, A.V. (eds) 1997, Russian Criminal Law, General Part: textbook, Moscow.

10. Smirnova, E. S. 2004, ‘Regulation of the constitutional and legal status of foreigners in Soviet and post-Soviet Russia’, Russia and the Modern World, iss. 1, pp. 96-110.

11. Trainin, A. N. 1957, General Doctrine of the composition of Crime, Moscow.

12. Bozhev, V. P. (ed.) 2002, Criminal Procedure: textbook, Moscow.

13. Filippova, T. Y. 2013, ‘The history of the development of legislation on the legal status of foreign citizens on the territory of the Russian state’, Bulletin of IrSTU, iss. 6(77), viewed 18 October 2022, https://cyberleninka.ru/article/n/istoriya-razvitiya-zakonodatelstva-o-pravovom- polozhenii-inostrannyh-grazhdan-na-territorii-rossiyskogo-gosudarstva.

14. Khalfina, R. O. 1974, General doctrine of legal relations, Legal literature, Moscow.

15. Tsepelev, V. F. 1992, Criminal liability of foreign citizens: textbook, Moscow.


Login or Create
* Forgot password?