РЕЦИДИВ ПРЕСТУПЛЕНИЙ КАК УГОЛОВНО-ПРАВОВОЕ ПОСЛЕДСТВИЕ СУДИМОСТИ: ПРОТИВОРЕЧИЯ РОССИЙСКОГО УГОЛОВНОГО ЗАКОНОДАТЕЛЬСТВА

Abstract

Criminal liability continues to have an impact on the convicted person even after serving a criminal sentence until the repayment of the criminal record or its early withdrawal. As a criminal consequence, a criminal record is one of the main factors contributing to the formation of recidivism, recidivism. The question arises about the correctness of the content of the specified criminal law consequence, its contradiction to some principles of criminal law. The article analyzes the problems associated with the existence of criminal law norms that dictate the further application of criminal law to citizens who are in the status of convicts. The question is raised that these norms do not fully correspond to the principles of justice and equality of citizens before the law. The author has studied the recurrence of crimes, penitentiary relapse as one of the criminal consequences of a criminal record, and analyzed the growth of recidivism. The data of judicial statistics and statistics of the Ministry of Internal Affairs of Russia are analyzed. The analysis concluded that Article 86 of the Criminal Code of the Russian Federation has many contradictions that affect the number of repeat offenses. The author’s solution to the problem of setting the repayment dates of a criminal record is proposed.