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Authors : 1. Vladimir V. Sverchkov,
Doctor of Law, Associate Professor, Professor
Nizhniy Novgorod Academy of the Russian Ministry of Internal Affairs
Review of an official opponent on the doctoral (Law) thesis by I. A. Efremova “Exemption institution in the criminal law theory and legislative and judicial practice”, majoring 12.00.08
Objective: to assess the completeness and quality of the dissertation research carried out by I. A. Efremova on “Institute of exemption from punishment in the theory of criminal law, legislative and judicial practice”.
Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in their historical development and functioning, which contributed to applying the following research methods: logical, formal-legal, system, analytical, comparative-legal, sociological.
Results: the theoretical model of convicts release from criminal punishment formed by the author is analyzed; the assessment is given of the regularities, tendencies and dependences established by the applicant, and of the new knowledge on the institute of release from criminal punishment and its norms.
Scientific novelty: the advantages and disadvantages of the dissertation research are revealed; it is established that the dissertation research is an independent, complete scientific and qualification work, representing an advance in science and making a significant contribution to the development of the criminal policy of the state, including the doctrine of exemption from punishment.
Practical significance: the main provisions and conclusions set out in the review can be used in scientific, pedagogical, lawmaking, and law-enforcement activities when considering the application and improvement of the institution of exemption of convicts from criminal punishment.
Keywords :
Types/institution/basis of release from criminal punishment; Release from punishment; Degree of public danger of the offender/convict; Criminal-executive type; Criminal-legal type
Bibliography :
1. Efremova I. A. Exemption institution in the criminal law theory and legislative and judicial practice, Doctoral (Law) thesis, Saratovskaya gosudarstvennaya yuridicheskaya akademiya, Saratov, 2018, 504 p. (in Russ.).
2. Efremova I. A. Exemption institution in the criminal law theory and legislative and judicial practice, abstract of Doctoral (Law) thesis, Saratovskaya gosudarstvennaya yuridicheskaya akademiya, Saratov, 2018, 57 p. (in Russ.).
3. Criminal Code of the Russian Federation – Federal Law of 13.06.1996 No. 63‑FZ (in Russ.).
4. Decree of the Plenum of the Supreme Court of the Russian Federation of 22.12.2015 No. 58 “On the practice of criminal punishment imposed by the courts of the Russian Federation” (in Russ.).
5. Criminal Code of the Russian Soviet Federal Socialist Republic – Law of the Russian Soviet Federal Socialist Republic of 27.10.1960. Void since 01.01.1997 (in Russ.).
6. Decree of the State Duma of the Federal Assembly of the Russian Federation of 24.04.2015 No. 6576‑6 GD “On announcing amnesty in connection with the 70th anniversary of Victory in the Great Patriotic War of 1941–1945” (in Russ.).
7. Criminal-execution Code of the Russian Federation of 08.01.1997 No. 1‑FZ (in Russ.).
8. Statute of the order of considering appeals for pardon in the Russian Federation, adopted by the Decree of the Russian President of 28.12.2001 No. 1500 (in Russ.).
9. Decree of the Plenum of the Supreme Court of the Russian Federation of 27.06.2013 No. 19 “On judicial application of legislation regulating the grounds and order of exemption of criminal punishment” (in Russ.).
10. Decree of the Plenum of the Supreme Court of the Russian Federation of 21.04.2009 No. 8 “On the judicial practice of parole and substitution of remanent for a milder punishment” (in Russ.).
11. Order of the Ministry of Education and Science of the Russian Federation of 09.12.2014 No. 1560 “On changes in the Statute on Dissertation Council for PhD and doctoral theses, adopted by the Order of the Ministry of Education and Science of the Russian Federation of 13 January 2014 No. 7”. Void since 16.12.2017 (in Russ.).
12. Statute on Dissertation Council for PhD and doctoral theses, adopted by the Order of the Ministry of Education and Science of the Russian Federation of 13.01.2014 No. 7. Void since 16.12.2017 (in Russ.).
13. Statute on Dissertation Council for PhD and doctoral theses, adopted by the Order of the Ministry of Education and Science of the Russian Federation of 10.11.2017 No. 1093 (in Russ.).
14. National Standard of the Russian Federation: GOST R 7.0.11–2011 “SIBID. Dissertation and abstract of dissertation. Structure and formatting rules”, adopted (and put into action on 01.09.2012) by the Order of the Federal Agency for technical regulation and metrology of 13.12.2011 No. 811-st. (in Russ.).
15. International statistical classification of diseases and related health problems (ICD-10), “Mental and behavioral disorders due to psychoactive substance use”), adopted by the 43rd World Health Assembly (1990) (in Russ.).
16. Statute of conferment of academic degrees adopted by the Decree of the Government of the Russian Federation of 24.09.2013 No. 842 “On the order conferment of academic degrees” (in Russ.).
Citation :
Sverchkov V. V. Review of an official opponent on the doctoral (Law) thesis by I. A. Efremova “Exemption institution in the criminal law theory and legislative and judicial practice”, majoring 12.00.08, Actual Problems of Economics and Law, 2019, Vol. 13, No. 4, pp. 1744–1752 (in Russ.). DOI: http://dx.doi.org/10.21202/1993-047X.13.2019.4.1744-1752
Type of article : The scientific article
Date of receipt of the article :
08.07.2019
Date of adoption of the print :
07.10.2019
Date of online accommodation :
25.12.2019
