О соотношении функций и целей уголовного наказания во взаимосвязи с обеспечением его исполнения

Abstract

The article deals with the problem of relevance of the functions and purposes of criminal punishment. The functions of punishment have not been sufficiently studied in the science of criminal law. Meanwhile they reflect the essence and social purpose of punishment and, accordingly, should determine its goals. In practice there is a discrepancy between the real functions and the declared goals of punishment, which negatively affects the assurance of its execution. The author comes to the conclusion that the modern goals of punishment do not correspond to its actual functions, in their current form they are declarative and conceptually imperfect. This means that given the nobility of the message they do not meet the condition of attainability due to a number of reasons: conceptual imprecision (restoration of social justice), redundancy, inconsistency and practical non-verifiability (correction and special prevention), archaism (general prevention). And most importantly the existing goals of punishment, due to the indicated shortcomings, significantly complicate its implementation. K e y w o r d s : functions of punishment; the purpose of the punishment; correlation and relationship with execution of criminal penalties