Arrest as a form of criminal punishment: challenges and prospects

The relevance of this study has been confirmed by many circumstances, including the specificity of arrest as a form of criminal punishment - on the one hand, and the absence of its actual purpose and execution - on the other. In order to carry out this type of punishment, there are no specialized arrest houses, and military personnel serve their arrest on the guptwacht. During the period from 2016 to 2019, arrest against military personnel was appointed only 4 times (2 times in 2016/17 respectively). As noted in the literature, this type of punishment is a kind of «shock therapy», because the person against whom this measure is applied has suffered for several months the adverse consequences of being subject to strict restrictions and deprivation of part of his rights and legitimate interests. The purpose of the article is to determine the significance of arrest as a form of punishment. The scientific article analyses doctrinal points of view, domestic historical experience, modern foreign practice of States belonging to the Romano-German and post-socialist legal family, as well as data from the Judicial Department of the Supreme Court of the Russian Federation on the number of recidivists and persons serving sentences in places of deprivation of liberty. As a result, we have concluded that the situation as a measure of State coercion would have a positive effect on the perpetrators of the crime, since, taking into account the peculiarities of its implementation, the goals of criminal punishment are embodied: correction and special prevention of the commission of new crimes. In this way, arrest can reduce the number of recidivism. We agree with the position of some authors that arrest houses for the execution of arrest can be implemented in separate buildings of correctional institutions, which execute the sentence of the court on deprivation of liberty for a certain period of time.

arrest, measure of state coercion, purpose of punishment, efficiency