DOI: 10.7256/2454-0706.2020.2.32126

Abstract: This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures.  [WU1]

DOI: 10.7256/2454-0706.2020.2.43304

Abstract: This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures.  [WU1]

DOI: 10.25136/2409-7810.2020.1.32201

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.