Peculiarities of execution of punishment in the form of arrest by military personnel

Abstract

It does not require any special proof that the assumption of irrationality and unreasonableness in matters of sentencing may level the success of all criminal law institutions, give rise to a sense of injustice, reduce confidence in justice and finally call into question the definition of a particular State as a State governed by the rule of law.
 Indeed, the goal set by the law on criminal liability can be achieved through a variety of criminal penalties, primarily by enabling the court to impose a punishment on a person guilty of a criminal offense in each case, applying the principle of justice and individualization of responsibility.
 One of the indicators that may indicate whether punishment achieves the goal of reforming convicts is the recidivism rate, in the broad sense of the term, namely the rate reflecting the number of persons convicted of a criminal offense, provided that they have previously been convicted of at least one criminal offense.
 When applying arrest with detention in the brig, the goals of punishment are achieved primarily by applying the following measures: establishing an appropriate regime for the execution and serving of sentences; organizing educational influence; involving convicted servicemen in socially useful work; organizing military training for social influence.
 The special conditions are primarily determined by the fact that in case of conviction of a serviceman to arrest, he is not released, but serves his sentence under the condition of further military service.
 At the moment, the legal regulation of the procedure for the execution of sentences that may be imposed on military personnel remains largely unexplored, so our task in this article is to consider in more detail the procedure for serving a sentence of arrest by military personnel.