Topical issues of the improvement of the procedure of registration and counting of restrictive, coercive and disciplinary measures and punishments

Abstract

The author considers the issue of the necessity and feasibility of regulating the procedure of counting a restrictive measure as a court-imposed disciplinary punishment, counting the served disciplinary term as a term of punishment, and counting the served term as a disciplinary measure. The research subject is the particular provisions of the current legislation regulating the institution of coercive measures and the judicial practice of imposition of restrictive and disciplinary measures on minors, and particular provisions of foreign legislation regulating this sphere. The research methodology is based on the combination of methods of scientific cognition, including the comparative-legal, formal-legal, and statistical methods, and the methods of logic analysis, synthesis, induction, deduction and generalization. The author suggests amending chapter 14 of the Criminal Code of the Russian Federation with a provision regulating the procedure of registration and counting of a restrictive measure when imposing a disciplinary measure, and the term of a served part of the disciplinary measure when defining the term of punishment, and the formal criteria of transforming the imposed punishment into a coercive measure.