Efficiency of criminal-legal, criminal-executive and criminal-remedial means of maintainingnon-penitentiary regime

In this article the author considersboth the concept and kinds of criminal-legal, criminal-remedial and criminal-executive means of maintenance of a non-penitentiaryregime, and defines their efficiency. The author has come to a conclusion that it is possible for the criminal-legal means of maintenanceoperating in accordance with the principle threat - punishment to include a threat of substituting punishments provided by the law incase convicts maliciously evade serving their sentence. It is possible to name these criminal-legal means of maintenance the generalmeans because they perform an insuring function when other - special criminal-legal and criminal-executive - means of maintenancehave not duly affected the convict (e.g., the threat of placing the convicted to correctional works under the duty, placing the convicted tocorrectional works under the duty to come to a criminal executive inspection board for registration, additional duties on the convicted tofreedom restrictions, the threat of non-reckoning of time during which the convict held the prohibited post or was engaged in a prohibitedactivity into the term of punishment, the threat of warning by a criminal executive inspection board) or are absent in general (e.g.,under a fine or obligatory works). The efficiency of criminal-legal means of maintaining a non-penitentiary mode depends on criminalremedialmeans to assure the appearance of the convict, hidden from the place of residence for the purpose of evading serving the punishment,to the court for the decision of the questions connected with the substitution of punishment for a more strict and on the terms ofconsideration by courts of the corresponding reports of the criminal-executive inspection board. The mechanism of maintaining the orderof execution of punishments without isolation from the society should include criminal-legal and criminal-executive means whichmediately affect the maintenance of the process of education and prevention as they stimulate the behaviour of convicts in the directionexpected from the state. A stimulating character of these measures is constructed in accordance with the scheme: a stimulant - an encouragementmeasure. However, at present, the Criminal Code of the Russian Federation provides such means only with reference tofreedom restriction. Some suggestions on perfection of the criminal, criminal-remedial and criminal-executive legislation regarding theestablishment of legal means of maintaining of non-penitentiary mode are formulated in the present article.

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