Filimonov I.A., Filimonov A.A. Improving the criminal and penal legislation on the punishment in form of deprivation of the right to occupy certain positions or engage in certain activities

Abstract: This work is dedicated to the research on the penalty of deprivation of the right to occupy certain positions or engage in certain activities as an important means of criminal law to affect the legal status of the offender. The authors carried out a detailed analysis of the norms of international and domestic criminal and penal legislation concerning the designation of issues and execution of criminal punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities. The authors come to a conclusion that there is a need to make amendments and changes to the Part 2 of the Article 34 of the Penal Code of the Russian Federation as follows: "to comply with the order and conditions of execution of the penalties provided in this Code; notify the correctional inspection of any evasion from punishment verbally for the first 24 hours, and then in writing within three days; provide all support in ensuring the proper carrying out of punishment." The authors propose a new version of Article 37 Criminal Enforcement Code. Argument is made on the feasibility of changing the severity of the punishment, to reconsider its place in Article 44 of the Criminal Code, as well as modify its term as main or additional punishment, revise the legal conditions for expunging the criminal record after serving the punishment, as well as to make an amendment to Part 1 of the Article 47 of the Criminal Code on the coverage of the punishment to include persons performing executive functions in a commercial or other organizations.

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