On systematization of punishments and other non-institutional treatments

An alternative to imprisonment is a penalty or another legal measure that combines a sufficient set of preventive capabilities to prevent the convict from repeated offense, provides the opportunity for the convict to correct in their usual social conditions. An alternative to imprisonment is not accompanied by antisocial attitudes imposed on the convict in the informal subculture and is not associated with the loss of positive social attitudes caused by isolation. An alternative to imprisonment is a penalty or another legal measure that combines a sufficient set of preventive capabilities to prevent the convict from repeated offense, provides the opportunity for the convict to correct in their usual social conditions. An alternative to imprisonment is not accompanied by antisocial attitudes imposed on the convict in the informal subculture and is not associated with the loss of positive social attitudes caused by isolation. The norm of the Special Part of the Criminal Code of the Russian Federation should include the application, under certain circumstances, a punishment or another measure that does not imply the isolation of the convict from the society, and imprisonment, in case such circumstances are absent. The current Criminal Code of the Russian Federation there are two hundred and fifty six norms that offer up to 8 years imprisonment, without any alternative, while in these cases it is possible to use probation; five norms that imply no other punishment except a fine; one hundred and forty seven norms imply a fine or imprisonment up to 12 years; two hundred and forty seven norms that imply a fine, deprivation of the right to occupy certain positions or be engaged in certain activities, correctional, compulsory work, restrictions on freedom and imprisonment, with a set of punishments in the sanction variable. On this basis, it is possible, not without reason, to consider that the only real alternative to imprisonment is probation and fine. Such punishments as a correctional or compulsory work, restrictions on freedom are alternatives to each other, rather than to imprisonment.

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