Deferral of serving a sentence as a different criminal-law measure

According to Part 2 of Article 2 of the Criminal Code, the legislator provides a possibility of penalties and other measures of a criminal-law nature for crimes. Only compulsory medical measures and confiscation of property are attributed to other measures of a criminal-law nature according to Section VI of the Russian Criminal Code. The question about the kinds of other measures of a criminal-law nature is debatable in the theory of criminal law. Thus, one of the most common views is classifying of all kinds of exemption from criminal liability and punishment to other measures of a criminal-law nature. Some researchers have a narrower list of other measures of a criminal-law nature, including deferral of serving a sentence. Thus, the question is whether we should refer exemption from punishment (in general) and deferral of serving a sentence (in particular) to other measures of criminal law. According to the author's opinion, the question of classification of deferral of serving a sentence as a different measure of a criminal-law nature can be solved only if we analyze the legal nature of the institute of other measures of a criminal-law nature. Analysis of the phrase "punishment and other measures of a criminal-law nature" makes us suggest that "other" means "different", i.e. measures different from punishment; and punishment is one of the measures of a criminal-law nature. The difference between measures of criminal law and criminal punishment is this: these measures are not included in the list of legislative punishment (Art. 44 of the Criminal Code); they are not listed in the sanctions of the regulations of the Criminal Code of the Russian Federation; they are not associated with significant limitation of the legal status of prisoners. The author analyzes in detail the legal nature of other measures of a criminal-law nature. According to the author, other measures of criminal law are inhomogeneous. What unites them is that they are all forms of criminal responsibility and the implementation of a real alternative to punishment. Criminal liability is not exhausted by a sentence, it can be realized through other measures of a criminal-law nature. The use of any criminal penalties, any other (i.e. different) measures of a criminal-law nature is possible to the person found guilty of a crime. Basing on these theoretical positions we can talk not only about the legal nature, but also about the classification of measures under consideration. Thus, the analysis of the legal nature of other measures of a criminal-law nature allows us to formulate a conclusion that among all the types of exemption from criminal liability deferral of serving a sentence is the only measure of criminal law. The author notes that due to the nature it is hardly advisable to classify all measures of criminal law in one chapter of the Criminal Code.

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