Features of criminal penalties in Rus and abroad

Sibilev N.A.
Siberian Federal University, Krasnoyarsk
Annotation: The article is devoted to features of system of criminal penalties abroad and its comparing with Russian ones. In the article is examined how effective the penalties are.
Keywords: Imprisonment, reforming, foreign criminal legislation, effectiveness and flawless.

Аннотация: Статья посвящена особенностям уголовных наказаний за рубежом и в сравнении с Россией. Также в статье рассматривается вопрос   эффективности наказаний в уголовном праве.
Ключевые слова: Тюремное заключение, реформирование, зарубежное  уголовное законодательство, эффективность и безупречность.

Crime and punishment are the basic concepts of criminal law. According to one of the main principles of criminal law the punishment must be irrevocable and contribute to the most effective correction of the convicted person. Using of this methods is related with system of criminal law of country, where it is used. The usefulness of punishments is determinated by resocialization of the convicted person, which means very long process of including difficult complex of medical, psychological and organizing methods, to form an ability and readiness to be included in the normal conditions of society after serving a sentence. This process means getting elementary values, rules and knowledge, which is very important for returning in society life.
Analyzing the criminal legislative, I would start with abroad countries. In France system of criminal legislative is very interesting in combination social and political punishments. There is limited and unlimited imprisonment. In France imprisonment is the most strict punishment, so France gave up the using of execution. In Russia this punishment has been prohibited by moratorium, but it is not totally prohibited in using. Speaking about fines , it can be used like in a lot of countries, but judicial subjects can be forbidden to use electronic cards. Also they can be punished by all ways except imprisonment and they may be banned from staying in France for a long time.

German has abolished the death penalty too. The punishments can be using just against guilty persons. The main kinds of punishments are fine, imprisonment also there are a lot of prohibition and forcing methods like placing a person in room for recovering from alcohol dependence or prohibition on the professional activity (like Russian).

The Norwegian system of criminal punishments is progressive especially in reforming and rehabilitation, which can low the level of crime in future. It doesn t mean the offencers don’t get to the prison, but prison can create normal conditionals for a life and offencer won’ t offence again after that reforming.
In Norway  limit of punishment is not marked, but questing about liberation of offencer is solving by an analytical test, determination about reform of its behavior. The limit of imprisonment in Norway is 21 year and can be added for 5 years even for the end of days of this person, if he wasn’ t reform.
The results of this system is effective by more part, so they can move down probability of offence, because convicted person is placed in good area, to he won’ t be frighten to society after his release and he can come to terms with people and realize the illegality of his actions. The prison create a good atmosphere for correction, while performing their main function  is incarceration and opportunities to contact people from outside the society. If this method of punishment is not effective, so it can be exchanged to arrest in some conditionals: the offender is guilty of attempting to commit a serious crime, if he has previously committed it.

Russian criminal system has these punishments too: arrest, imprisonment, pretrial detention, confiscation of property. Imprisonment is using as a punishment for minor crime or serious crime and means getting to the corrective labour colony or to medical corrective place. Convicted person can have rehabilitation and develop work, but in Norway convicted can do other activities like sport in gum, they can watch TV, listen to the radio and they can have personal things like books or guitar.  They follow the principal: «Bad prison can’ t correct the criminal. We should respect human to correct him» In Russian prisons we can not observe as good respect as in Norway and principal of respect rights and justice can be broken.

In the case of a suspended prison sentence  it can be admitted by a court, but it can be put for a time of probation. The ability of using of probation depends on time of imprisonment, appointed to a determinated judgment, where  probation can be used. Most of the laws allow the using of probation can be where time of imprisonment is not more, than 2 years ( as middle time of imprisonment). This is the case in Germany, Finland and Italy. Some legislation can use the level of gradation, so it checks damage of crime. If time of imprisonment is 6 months, disacting of offences can be  only conditional to probation. If time of imprisonment is more than 6 months, positive prevent aspects can be conditionals and the protection of social safety  is accepting. . If time of imprisonment is more, than 1 year, the mitigating circumstances of crime are accepting.
Having considered the features of the criminal legislation of foreign countries and comparing them with Russian ones  I came to the conclusion that subjects of criminal law can be different and criminal legislation is equal by more part. Criminal punishment is applied in order to correct the convicted person, so that they can also understand the social danger of their actions. Imprisonment can be one from effective punishments, so it stops contacting with society, but this method hasn’t  to humiliate the rights of human. Norway use quite interesting method of imprisonment to convicted  be imprison, being in human environment, so he won’ t be angry at the country because of this way of reforming. So this method can move down the probability of correction.
As for the other sanctions, they can be effective by different ways. The fine force indemnifies the damage and confiscation of property –– can stop illegal actions with using of this thing in future. Also the important conditions are fair justice and inevitability of punishment and realizing the illegal actions and accepting rule of law in society by this human.

Литература
1. «The system of criminal punishments in foreign countries» Кadirova Nadejda. Bulletin of Chelyabinsk country university 2015 № 17 (372). Right, number 43 p. 151- 154.
2. «The efficiency of imprisonment» Peters Diana Domestic jurisprudence 2017
3. http://prisonlife.ru/ © Тюремный портал России»