Other measures of criminal character in the Russian Federation and the Republic of Korea

A comparative legal study of the provisions of Russian and South Korean legislation on other measures of a criminal-law nature and an attempt is made to distinguish these measures and punishment on the basis of differences in their characteristics and content are made in the article. It is noted that the legislator in the Russian Federation and the Republic of Korea had different approach to the status of certain criminal legal measures (in particular, compulsory measures of medical nature and confiscation of property). Penalties and other measures of a criminal-law nature are criminal-legal measures and have a number of common features. Firstly, such measures are set in the General Part of the criminal law and, in the case of South Korean medical compulsory measures (compulsory treatment) and some other measures, in special laws. Secondly, they are measures of state compulsion and consist of certain deprivations and restrictions. Thirdly, these measures shall be imposed by the court on persons found guilty of committing acts prohibited by criminal law. Punishment also has two features that are not pertain to other measures of a criminal-law nature - it is set in the sanctions of the Special Part of the Criminal Law¹ articles and entails a specific legal consequence (criminal record). Neither in Russian nor in South Korean legislation there is no definition of other measures of a criminal-law nature, as well as there is no closed list such measures. Russian legislator directly refers to other measures of a criminal-law nature compulsory measures of medical nature, confiscation of property and judicial fine, while others, which are «other» measures on all grounds (for example, probation), are considered in this context only in the doctrine of criminal law. The legislation of the Republic of Korea does not contain the term «other measures of a criminal-law nature» at all, and their conditional list, compiled in the result of an analysis of disparate norms of various laws, includes compulsory treatment, imprisonment in a workhouse and the performance of community service. Conditional sentence and some other measures may be included in this list also, however this article focuses on, first of all, comparison of Russian and South Korean legal provisions on the compulsory treatment of persons who committed an act forbidden by criminal law and the confiscation of property. In addition, the article examines the legislative regulation of the judicial fine, which was introduced in the Criminal Code in 2016 and has some specific similarities with the South Korean «other» measures used as a substitute for common fine. Other measures that may be considered as other measures of a criminal-law nature are mentioned in the research, but are not considered in detail.

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