Ufa, Russian Federation
UDK 343.24
The authors of this material sought to outline their vision of the theory of criminal law sanction, its main protective purpose and punitive essence, to correlate two concepts “punishment” and “sanction”. Attention is drawn to the importance of sanctions in the processes of implementation of criminal responsibility, in the political and legal phenomena of criminalization and decriminalization, penalization and depenalization. In the process of imposing a specific punishment, the sanction, being a measure of state coercion, serves as the basis for a judicial change in the format of sanctions and punitive application to penal enforcement activities of a control and testing nature, and in relation to juvenile convicts to special procedures of educational and educational influence. The concept and main features of a sanction and its goals are formulated.
criminal liability, punishment, sanction, human life, deprivation of liberty, death penalty, correlation of sanction and punishment
1. Varlamova N. V. Normativity of law: problems // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2013. No. 4. P. 76–115. (In Russ.)
2. Baburin V. V., Tarbagaev A. N., Surikhin P. L. The Effectiveness of criminal law norm: a systems approach // Journal of the Siberian Federal University. Series: Humanities. 2023. Vol. 1, . No. 5. P. 690–704. (In Russ.)
3. Gustova E. V. On the effectiveness of the latest amendments to the Criminal Code of the Russian Federation in terms of constructing criminal-legal sanctions // Activities of law enforcement agencies in modern conditions: materials of the XVIII International scientific and practical conference dedicated to the 20th anniversary of the institute. Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2013. P. 30–33. (In Russ.)
4. Prozumentov L. M. Criminological conditions for criminalization and decriminalization of acts // Bulletin of Tomsk State University. Law. 2012. No. 4 (6). P. 56–62. (In Russ.)
5. Valeev M. T. Criminological substantiation of sanctions of criminal law norms of the special part of the Criminal Code of the Russian Federation // Criminal Justice. 2019. No. 13. P. 5–12. (In Russ.)
6. Silkin V. P. Criminal-legal sanctions for crimes against property: author's abstract. … Cand. of Law. St. Petersburg, 2004. 25 p. (In Russ.)
7. Nurkaeva T. N. Criminal law protection of the individual rights and freedoms: issues of theory and practice: monograph. 2nd ed. Moscow: Prospect, 2017. 256 p. (In Russ.)