The Course on Restriction of Freedom Within the Framework of the Modern Model of the Criminal-Legal Reaction of the State to the Crime

Abstract

The article analyzes the practice of applying punishment in the form of restriction of freedom in the light of modern trends in criminal law policy, which seems relevant, given the ten-year experience that has been formed. The scientific novelty of the presented work lies in the author's approach to determining the role of the punishment in the implementation of modern criminal law policy of the state. The purpose of this study is to establish the correlation of expectation and actual implementation of the use of restriction of freedom as a type of punishment. The methodology of the research is based on the theoretical analysis of the main scientific provisions on the essence of punishment in the form of restriction of freedom and the practice of its application, based on the formal legal method. The practical implementation of the legislative model of restriction of freedom in accordance with the general indicators of the number of convicts in Russia is considered. It is established that the absolute indicators of the number of persons sentenced to restriction of freedom, demonstrating a decrease, in this sense are not correlated with the identification of the specific weight of this punishment in the total number of convicts. It is determined that the restriction of freedom, both as the main and as an additional punishment, has a stable weight in the total number of convicts since 2014. It is concluded that the model of the considered punishment is relevant, but its implementation in the suggested form contains a number of problems that requires its solution.