FUNCTIONING OF CONVICTION CONSEQUENCES IN TIME AND THEIR CLASSIFICATION

Abstract

Objective: to prove that in some cases the consequences of a criminal conviction do not stop with its discharge and remission; to offer their classification, and make a proposal to the current criminal law. Methods: universal dialectic method of knowledge; gneral scientific, special and private legal methods. Results: it is proved that the action of the consequences of a criminal conviction is not always limited to the discharge and remission of a criminal record, and depending on their actions in time they can be classified into fixed-term, indefinite-term and permanent (life-long). To eliminate the contradictions with the legislative wording on the urgency of the conviction consequences, a proposal is made on amendments in Article 86 of the Criminal Code. Scientific novelty: for the first time in the theory of the Russian criminal law classification of the actions of the conviction consequences in time is made. Practical value: the results of research that improve the view of the legal nature of criminal convictions, may be used for perfection of the criminal legislation, and in the educational process.

Keywords

• criminal record
• criminal-legal, criminal-executive and legal consequences of conviction
• the classification of the conviction consequences
• conviction discharge
• conviction remission
• the constitutional court of the russian federation
• the plenum of the supreme court of the russian federation