Развитие законодательства Алтайского края в 2000‑х гг.

Abstract

Modern criminal policy is characterized by the introduction of new types of relief from criminal liability and punishment. The article discusses the application of Art. 82.1 of the RF Criminal Code which provides for suspension of sentence for drug addicts in practice. In particular it analyzes the problems of the foundations for such sentences and situations for their applications, the subjects of their implementation and termination. The authors pay a particular attention to the defects of legal regulation of the new kind of respite. The imperfection of the legislative wording creates difficulties in the practical implementation of the legal regulations. In addition, the authors attempt to demonstrate the advantages and disadvantages of the introduction of a new kind of suspended sentence in the RF Criminal Code, and confirm the necessity of such legel developments. In this study, the authors arrive at the conclusion that mostly the institution of suspended sentence for drug addicts has significant problems, that have to be solved for the practical application of Art. 82.1 of the RF Criminal Code. As there have been few studies devoted to the analysis of this article the present paper has both theoretical and practical importance.DOI 10.14258/izvasu(2015)2.1-12