KEY DIRECTIONS OF REFORMING THE SYSTEM OF CRIMINAL LAW INFLUENCE MEASURES: AN EXPERIENCE IN LAW DRAFTING
Russian jurisprudence is dominated by a viewpoint that the constituent categories of criminal law are «crime» and «punishment». The author argues that the basic categories should be those of «criminal act» and «criminal law influence». Criminal acts are subdivided into criminal infringement, criminal offence and criminal misdemeanor. The paper presents arguments for a «four-track» model of Russian criminal law according to which the system of criminal law influence measures is comprised by four types of sanctions: penal, security, restitution and reward. The overwhelming majority of criminal law influence measures are multi-functional and complex, i.e. each of them simultaneously or consecutively combines several of the above-mentioned types of influence in different variants. A draft structure of «Criminal Law Influence Measures» section is presented for discussion and criticism together with a version of a number of Articles of the new Criminal Code of the Russian Federation.