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Rozenko S.
Criminal and civil penalties under Russian Law: problems of differentiation and systematic development
Keywords: criminal punishment, administrative punishment, types of punishment, differentiation, development
The article examines the actual problem of the Russian law: differentiation and consistency of criminal and administrative penalties, which means that the use of different types of punishment requires a differentiated and individualized approach to every person who committed a crime or an administrative offence with a mandatory differentiation of various types of legal liability. In Russian criminal law the institution of administrative prejudice has come into common use, evidencing the process of rapprochement between the criminal and administrative legislation in Russia. Regulatory formalization of punishment in the Russian law requires a scientifically well-grounded analysis, as the given limitation of rights has a particular contents, it is assigned in a procedural order, and acquires the value of interbranch legal category. The article defines common and distinctive features of punishment in criminal and administrative law, gives their comparative characteristic, notes the requirements of the Russian law enforcement practice and, in this regard, a fine and compulsory community service as criminal and administrative penalties need to be delineated, as delimitation of various types of legal responsibility and punishableness is required.
References
- Kashepov V.P., Gravina A.A., Kashaeva T.O. et al. Gumanizatsiya sovremennogo ugolovnogo zakonodatel’stva [Humanization of the criminal legislation]. Moscow, The Institute of legislation and comparative law under the Government of the Russian Federation Publ.; INFRA-M Publ., 2016, 336 p.
- Mal’ko A.V., ed. Nakazanie i otvetstvennost’ v rossiiskom prave: aktual’nye problem [Punishment and responsibility in Russian law]. Moscow, Yurlitinform Publ., 2014, 272 p.
- Chervonyuk V.I. Teoriya gosudarstva i prava [Theory of government and law]. Moscow, INFRA-M Publ., 2006.
- Shargorodskii M.D. Izbrannye raboty po ugolovnomu pravu [Selected works on criminal law]. St. Petersburg, Yuridicheskii Tsentr Press Publ., 2003.
About authors
- Rozenko Stanislav V.
- Candidate of Law Sciences, Head of the Higher School of Law, Yugra State University, Russia, Khanty-Mansyisk (rozenko_sv@mail.ru; ORCID: https://orcid.org/0000-0001-7808-9939)
Article link
Rozenko S. Criminal and civil penalties under Russian Law: problems of differentiation and systematic development [Electronic resource] // Oeconomia et Jus. – 2017. – №4. P. 65-70. – URL: https://oecomia-et-jus.ru/en/single/2017/4/10/.
