INSTITUTE OF CRIMINAL RECORDS AND ITS LEGAL CONSEQUENCES
Rubrics: CRIMINAL LAW AND CRIMINOLOGY
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
16.04.2015
Accepted:
16.04.2015
Published:
16.04.2015
Language:
Russian
Keywords:
Conviction, criminal legal category, general law category, legal consequences, legal positions, conflict.
Abstract (English):
In their research dedicated to the criminal conviction institute and its legal consequences, the authors consider it not only as a criminal legal category but also as a general legal concept. For this purpose the authors analyze the legal nature of conviction and its consequences as a criminal legal category as well as the impact of these consequences on general civil relations, in particular, on labor relations. The authors also investigate the issue of consequences after expunging or cancellation of conviction. They analyze the current Russian law on legal restrictions relating to expunging or cancellation of conviction. On the basis of this analysis the authors draw the conclusion on ambiguity of the imposed restrictions after expunging or cancellation of a conviction and on the occurring conflict of law. For readers’ reference the authors analyze legal initiatives of representatives to State Duma of the Federal Assembly of Russian Federation as well as opinions of competent state authorities in charge of this issue.
In their research dedicated to the criminal conviction institute and its legal consequences, the authors consider it not only as a criminal legal category but also as a general legal concept. For this purpose the authors analyze the legal nature of conviction and its consequences as a criminal legal category as well as the impact of these consequences on general civil relations, in particular, on labor relations. The authors also investigate the issue of consequences after expunging or cancellation of conviction. They analyze the current Russian law on legal restrictions relating to expunging or cancellation of conviction. On the basis of this analysis the authors draw the conclusion on ambiguity of the imposed restrictions after expunging or cancellation of a conviction and on the occurring conflict of law. For readers’ reference the authors analyze legal initiatives of representatives to State Duma of the Federal Assembly of Russian Federation as well as opinions of competent state authorities in charge of this issue.
Keywords:
Conviction, criminal legal category, general law category, legal consequences, legal positions, conflict.
Conviction, criminal legal category, general law category, legal consequences, legal positions, conflict.
1. Kelina S. G. Kurs rossiyskogo ugolovnogo prava. Obshchaya chast´. M., 2001.
2. Kudryavtsev V. N., Nikiforov B. S. Ogranichenie prav po proektu osnovnykh nachal ugolovnogo zakonodatel´stva Soyuza SSR i Soyuznykh Respublik. Sovetskoe gosudarstvo i pravo. 1958. № 7.
3. Piontkovskiy A. A. Osnovnye voprosy ugolovnogo prava v proekte osnovnykh nachal ugolovnogo zakonodatel´stva Soyuza SSR i Soyuznykh Respublik. Sovetskoe gosudarstvo i pravo. 1958. № 9.
4. Taeva N. E. K voprosu o konstitutsionnosti norm, ogranichivayushchikh passivnoe izbiratel´noe pravo grazhdan, osuzhdennykh kogda-libo k lisheniyu svobody za sovershenie tyazhkikh i (ili) osobo tyazhkikh prestupleniy. Aktual´nye problemy rossiyskogo prava. 2013. № 9.
