Judicial penalty as a measure of criminal law impact

This paper considers changes in the criminal law of the Russian Federation in connection with the adoption of the Federal Law of the Russian Federation no. 323-FL on July 3, 2016. In particular, the regulations introduced in the Criminal Code of the Russian Federation in line with the above federal...

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Main Author: L.V. Artemeva
Format: Article
Language:English
Published: Kazan Federal University 2017-04-01
Series:Ученые записки Казанского университета: Серия Гуманитарные науки
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Online Access:https://kpfu.ru/judicial-penalty-as-a-measure-of-criminal-law_306664.html
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author L.V. Artemeva
author_facet L.V. Artemeva
author_sort L.V. Artemeva
collection DOAJ
description This paper considers changes in the criminal law of the Russian Federation in connection with the adoption of the Federal Law of the Russian Federation no. 323-FL on July 3, 2016. In particular, the regulations introduced in the Criminal Code of the Russian Federation in line with the above federal law and providing the grounds for exemption from criminal liability with infliction of a penalty have been analyzed. The attention is focused on potential theoretical and practical problems of their application. It has been found that judicial penalty, on the one hand, is not included in the systems of measures prescribed in accordance with the criminal law. On the other hand, it is little different from criminal punishment. Therefore, the problem of whether or not these regulations is a hidden way by which the court imposes punishment without any trial has been raised. Based on the obtained results, it has been concluded that the changes under study are ambiguous and vague, because they may lead to abuse by the law enforcement and judiciary systems.
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publisher Kazan Federal University
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series Ученые записки Казанского университета: Серия Гуманитарные науки
spelling doaj-art-5be63ff2914f4fa5bab7a4a952df79722025-08-20T02:44:23ZengKazan Federal UniversityУченые записки Казанского университета: Серия Гуманитарные науки2541-77382500-21712017-04-011592491496Judicial penalty as a measure of criminal law impactL.V. Artemeva0Kazan Federal University, Kazan, 420008 RussiaThis paper considers changes in the criminal law of the Russian Federation in connection with the adoption of the Federal Law of the Russian Federation no. 323-FL on July 3, 2016. In particular, the regulations introduced in the Criminal Code of the Russian Federation in line with the above federal law and providing the grounds for exemption from criminal liability with infliction of a penalty have been analyzed. The attention is focused on potential theoretical and practical problems of their application. It has been found that judicial penalty, on the one hand, is not included in the systems of measures prescribed in accordance with the criminal law. On the other hand, it is little different from criminal punishment. Therefore, the problem of whether or not these regulations is a hidden way by which the court imposes punishment without any trial has been raised. Based on the obtained results, it has been concluded that the changes under study are ambiguous and vague, because they may lead to abuse by the law enforcement and judiciary systems.https://kpfu.ru/judicial-penalty-as-a-measure-of-criminal-law_306664.htmlcriminal liabilitycrimejudicial penaltypunishmentexemption from criminal liability
spellingShingle L.V. Artemeva
Judicial penalty as a measure of criminal law impact
Ученые записки Казанского университета: Серия Гуманитарные науки
criminal liability
crime
judicial penalty
punishment
exemption from criminal liability
title Judicial penalty as a measure of criminal law impact
title_full Judicial penalty as a measure of criminal law impact
title_fullStr Judicial penalty as a measure of criminal law impact
title_full_unstemmed Judicial penalty as a measure of criminal law impact
title_short Judicial penalty as a measure of criminal law impact
title_sort judicial penalty as a measure of criminal law impact
topic criminal liability
crime
judicial penalty
punishment
exemption from criminal liability
url https://kpfu.ru/judicial-penalty-as-a-measure-of-criminal-law_306664.html
work_keys_str_mv AT lvartemeva judicialpenaltyasameasureofcriminallawimpact