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PENAL SYSTEM IN LEGISLATION OF FOREIGN STATES IN THE CONTEXT OF EFFICIENCY OF PREVENTIVE INFLUENCE

Annotation

The system of criminal penalties in legislative system of foreign countries in the context of preventive influence efficiency is considered. The subject of research is the complex of theoretical and practical problems of system of punishment, their realization and effective in foreign criminal-legal theory, legislative and law enforcement practice of some world states. First of all, the positions of punishment appropriation of the item of the offense act, which in fact is related to the property of the guilty or things, which were gained while committing one or another thing in reality used or purposed for successful crime - Criminal Code of France. It is stated that more often the guilty uses arts of different weapons and transport. At the same time, branch legislation is analyzed of Holland, where the Criminal Code of the Kingdom of the Netherlands is rather clear regimented. It is stated that most frequently in that as guilty subjects are used in the form of diverse weapons and diverse vehicles. In turn, the sectoral legislation of the Netherlands is analyzed, where in the Criminal Code of the Kingdom of the Netherlands is also quite clearly regulate the process of confiscation in accordance with articles 32-35 of the Criminal Code. It is stated that they list the items subject to confiscation (which are somehow connected with the Commission of a crime), and the order of execution of capital punishment. Attention is drawn to the fact that this confiscation is the main form of punishment and may be imposed for any crime. And it is stated that according to the provisions of article 1 of Chapter 36 of the Penal Code of the Kingdom of Sweden all the revenue of which was received in the Commission of the offense guilty and also restated harmful consequences for the victim in the form of manufactured cost for the committed crime is subject to confiscation - as the logical basis of the offense is guilty of criminal acts. The Genesis of norms of the criminal legislation of foreign countries and a continuous process of correlations, which are aimed at effective enforcement practice are analyzed. The certain types of penalties that are similar to the domestic legislator in the criminal code of the Russian Federation are discussed, the basic criteria for their efficiency are examined. A number of valid conclusions is made, and a reasoned proposal to the domestic legislator and to the modern law enforcement officials focused on improving the efficiency of the penal system is made, taking into account the positive experience gained in the criminal legislation of the foreign States.

Keywords

система уголовных наказаний в законодательстве зарубежных государств; эффективность предупредительного воздействия; систематизация наказаний; уголовное законодательство зарубежных государств; виды наказания; проблемы теории и правоприменительной практики; тюремное заключение; арест; содержание под стражей; общественные работы; штраф; наказание; меры безопасности; предметы, подлежащие конфискации; международная унификация уголовно-правовой политики государств; условное осуждение; назначение пробации и применение попечительства в отношении осужденного лица; system of legal penalties in the legislation of foreign; efficiency of preventive influence; systematization of penalties; criminal legislation of foreign states; types of penalties; problems of theory and law enforcement practice; imprisonment; arrest; custody; public works; fine; punishment; security measures; tangible property, liable to forfeiture; international unification of criminal-legal policy of states; suspended sentence; probation sentencing and trusteeship use concerning the convict

UDC

343.2/.7

Pages

39-47

Received

2016-04-14

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