The Significance of Non-Rehabilitative Grounds for Exemption from Criminal Liability for the General Legal Consequences of Committing a Crime by a Person

Abstract

Relevance. Repeated appeals to the Constitutional Court of the Russian Federation to challenge the constitutionality of the provisions of various regulatory legal acts containing legal restrictions and prohibitions in relation to persons previously subjected to criminal prosecution allow us to state the presence of systemic omissions in the formation of an independent group of measures of social control over persons who have committed a crime.The purpose is to develop legal means to eliminate the contradictions of criminal and sectoral legislation.The objectives of the work were to analyze the content of normative legal acts that provide for the establishment of general legal restrictions for persons who have committed crimes, as well as decisions of the Constitutional Court of the Russian Federation regarding these provisions.Methodology. The work used the general scientific dialectical method of studying social phenomena, as well as a number of particular scientific methods (analysis, synthesis, etc.)Result. Analysis of the prescriptions of the Constitution of the Russian Federation, criminal legislation, certain normative legal acts, law enforcement practice, it allowed the authors to identify a number of problematic issues in determining the legal nature of the so-called general legal consequences of a crime committed, to state the lack of consistency in determining the criteria, terms and content of these legal restrictions by the legislator.Conclusions. In conclusion, the authors were able to formulate proposals for the creation in the criminal law of an independent institution that regulates the grounds, the procedure for the application and termination of nonpunitive law-restrictive measures against persons who have committed a crime.