CONSTITUTIONAL AND LEGAL UNDERSTANDING OF THE ESSENCE AND CONTENT OF PUNISHMENT IN THE FORM OF RESTRICTION OF FREEDOM

The article highlights the problem of constitutional and legal understanding of the essence and content of punishment in the form of restriction of freedom. In connection with the adoption by the Constitutional Court of the Russian Federation of a resolution concerning punishment in the form of restriction of freedom, the problem of determining its content has become more urgent, due to insufficient legislative specification of the list of legal restrictions that constitute its essence. In particular, the prohibition of approaching certain persons (contacting them) is logically necessary in situations of violent crimes. However, due to the absence of a direct reference to this wording in the criminal legislation, the status of such a ban remains uncertain, and the courts do not have the opportunity to use it when imposing punishment. In order to eliminate this contradiction, it is proposed to expand the powers of the courts in assigning certain legal restrictions to a convicted person, allowing him to control his behavior.