On the issue of the technique of constructing sanctions of the norms on crimes against personal freedom of a person in the Criminal Code of the Russian Federation

Abstract

The article is devoted to problematic issues of the technique of constructing sanctions for committing crimes against a person’s personal freedom (Articles 126-128 of the Criminal Code of the Russian Federation). The author identifies the types of sanctions used by the legislator and draws a conclusion about their success from the point of view of differentiation of criminal liability. At the same time, the author points out the presence of shortcomings in the technique of constructing sanctions for committing crimes against personal freedom. The author considers such shortcomings to be the presence of punishment, the administration of which is impossible; lack of consistency between the sanctions of the articles; an unsuccessful choice of the type of connection between regular and enhanced, enhanced and especially enhanced sanctions; the absence in a particularly enhanced sanction of an additional type of punishment used in the enhanced sanction. In conclusion, the author proposes a new version of the sanctions of Art. 126-128 of the Criminal Code of the Russian Federation.