“Other” measures of criminal law in the draft legislation of Supreme Court of the Russian Federation on criminal offense

Abstract

The article is devoted to the analysis of the draft federal law on amending the Criminal and Criminal Procedure Codes of the Russian Federation, approved by the Plenum of the Supreme Court of the Russian Federation at its meeting on October 13, 2020. The author of the article notes the absence in the Draft of a general definition of a criminal offense; referring to the number of misdemeanors of crimes of average gravity; deviation from the established rules for determining a crime committed for the first time. The provisions of the draft legislation relating to “other” measures of a criminal-legal nature are being investigated in more detail. The author critically evaluates the idea of expanding the system of such measures, believing that if the draft legislation is adopted, the system of criminal legal sanctions will acquire a dualistic character: along with the system of punishments, a system of security measures will be created that will be applied in the absence of a conviction by the court to persons who have not been found guilty of the established okay. The article examines the legal positions of the Constitutional Court of the Russian Federation, formulated by it in relation to the confiscation of property. The author draws attention to the experience of certain foreign countries (France, Germany), noting that there is a tendency in them to reduce the number of measures that act as legal consequences of the commission of a crime, but are used outside the forms of implementation of criminal liability. The final conclusion is to state the significant shortcomings of the draft legislation, which do not allow supporting it as a whole.