Abstract
Criminal legislation of any state provided at the initial stages of its development for punishment as the only measure of criminal law influence on a person committing a socially dangerous act. Moreover, the types of punishment mainly boiled down to long periods of isolation of the convicted person from society: hard labor and imprisonment. Only in the middle of the twentieth century Russian legislation ensured the distinction between the categories of “criminal punishment” and “criminal liability”, although the official definition has not yet been formulated. The main legally significant signs of criminal punishment as measures of state coercion and other measures implemented within the framework of criminal liability coincide, and therefore it is not possible to ensure a consistent legal differentiation of these categories. In addition, “other measures” of a criminal law nature are highlighted in the Russian criminal legislation, their essence is currently uncertain, since they apply to persons incapable of criminal responsibility (insane, some groups of minors), and persons convicted of a crime. Such terminological inconsistency creates problems in practical application of provisions of the criminal and penal legislation to ensure the correction of convicted person and the prevention of new crimes. Basing on the results of the study, it was proposed to divide the groups of measures that are implemented within the framework of criminal liability institutions and other measures of a criminal law nature. The former apply to persons convicted of a crime. “Other measures” are applied to persons incapable of criminal responsibility for a committed socially dangerous act due to a state of health or social and intellectual immaturity: irresponsible, mentally retarded, minors. This will provide the proper terminological distinction of the essence of legal categories and will allow identifying true goals of their application.
Highlights
The category of “penal action” has recently become the subject of many scientific studies
An analysis of the research presented in modern criminal law science on the essence of criminal responsibility allows us to conclude that most authors recognize criminal punishment and some “other measures” of a criminal law nature as the main forms of practical implementation, which are included in the scope of legal measures regulated criminal law
In the context of criteria for distinguishing between criminal liability and other measures of a criminal law nature that we have identified, certain clarifications must be made regarding the forms of their implementation
Summary
The category of “penal action” has recently become the subject of many scientific studies. The Criminal Code of Russian Federation uses other categories of the same type: “criminal liability”, “other measures of a criminal legal nature”, which are not formally defined in the law. Such ambiguity creates matters of both scientific and practical importance. The inconsistency of criminal law terms indicates the low quality of legislative technique for formulating provisions of criminal law This leads to the necessity of introducing into the scientific circulation a general concept of “penal action” combining all of the above categories: punishment, criminal liability, other measures of a criminal law nature. This inconsistency creates significant difficulties in choosing specific criminal law measures applicable for restoring social justice and preventing commission of new crimes
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