Truntsevskiy Yu.V.
The concept, content and types of measures of criminal-legal and administrative influence
// Administrative and municipal law.
2015. № 6.
P. 554-562.
URL: https://en.nbpublish.com/library_read_article.php?id=66572
Truntsevskiy Yu.V. The concept, content and types of measures of criminal-legal and administrative influence
Abstract: The article focuses on legal and organizational problems of criminal and administrative influence on the infringers of legal rules. The author carries out theoretical and legal analysis of the concepts of legal influence from the position of criminal and administrative law. The article describes the author's positions regarding the notion of legal influence. The main attention is paid to the development of methods and methodology of legal influence as the means of law and order provision. In addition, the article presents a theoretical and legal analysis of concepts regarding the interrelation between criminal and administrative influence (coercion). The methodology of the research is based on the resent achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal logical), as well as the methods used in the concrete sociological research (the statistical method, expert evaluations, etc.).The article notes that the Criminal code and the Code of Administrative Offences of the Russian Federation do not contain the concept and the list of types of measures of criminal-legal and administrative influence. The article defines the measures of criminal-legal influence as the forms and special activities of the state and defines the types of such measures depending on the purpose of influence (criminal law measures to the prevention and suppression of crime, measures of the criminal liability), the nature of impact (the preventive measures and the measures of criminal liability imposition), the character of influence (the preventive, restorative and correctional measures, the measures of criminal liability implementation, the measures of single non-rehabilitating decriminalization, and the medical measures).