Evolution of Punishment in Russian Criminal Law:problems of Consistency and Improvement

Abstract

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.