Actual problems of the institute of judgment

The article is devoted to the study of the most urgent problems of the institute of criminal record. The country's significant reforms in the field of criminal and penal policy, aimed at strengthening the rule of law, humanization of legislation is impossible without application of measures of criminal-legal nature, one of which is a record. The authors conduct a criminal-legal analysis of the category of «conviction» and propose a legal definition of the concept; on the basis of the study, problems are identified related to the application of norms on the cancellation and removal of convictions, the definition of criteria for «impeccable» behavior. It is concluded that the existing gaps in the legislation give rise to discrepancies in judicial practice. The norms of the current Criminal Code of the Russian Federation, regulating the institution of criminal record, need to be improved by clarifying them and supplementing them with certain provisions. The aim of the study is a scientific and practical analysis of the institution of criminal record as a criminal legal category, clarification of the legal content and assessment of the practice of applying the norms on criminal record, as well as preparing proposals aimed at improving the criminal legislation governing this institution and the practice of its application. The methodological basis of this research was the dialectical method of cognition, as well as the methods of system analysis and synthesis, induction and deduction, comparative legal and statistical methods, and the method of studying criminal cases. The theoretical and practical significance of the work lies in the fact that the conclusions and recommendations contained in this study can be used to improve the norms governing the institution of criminal record in Russian criminal law.

criminal law, criminal record, criminal punishment, criminal liability, release from punishment, repayment of criminal record, impeccable behavior