Current problems of application of suspended sentence under the law of Russia

The existing Russian criminal legislation is currently developing rapidly, which can be characterized by two opposite trends. The first trend is directly related to the humanization of legal prescriptions: at present, new criminal law enforcement measures are being introduced for crimes that pose an insignificant public danger. At the same time, in the Russian criminal legislation and law enforcement practice, there is a significant increase in criminal responsibility for committing certain crimes, for example, crimes of terrorist and extremist nature, etc. One of the main ways to liberalize the current Russian criminal policy is to expand the spheres in which the use of alternative measures to imprisonment is allowed. These measures, as a rule, have the goal of protecting the interests of not only the offender, but also generally have a positive effect on the development of society, since the effectiveness of punitive criminal legal measures does not always contribute to the achievement of the goals of applying criminal punishment. This impact is especially doubtful in cases when it comes to criminal acts that do not pose a significant social danger. In this context, the development of the institution of suspended sentence in Russian legislation and law enforcement practice is of interest. The purpose of this work is to identify current problems in the application of suspended sentence under Russian law. The author comes to the conclusion that there are a number of law enforcement problems that affect the effectiveness of the use of suspended sentence. Special attention is paid to the problem of recidivism in case of suspended sentence and the issues of evasion of compensation by convicts for harm caused as a result of the commission of a crime.

criminal sentencing, the institution of suspended sentence, the liberalization of criminal policy, the humanization of the criminal process, Russian criminal legislation