Проблемы применения уголовных наказаний, сопряженных с привлечением к труду, в отношении лиц, достигших пенсионного возраста

Abstract

The article analyzes the potential of the criminal law in terms of the application of punishments, the punitive content of which forms forced labor, to persons of retirement age convicted of crimes. The authors define the concept of “a person who has reached retirement age”, analyze the current legislation and practice of its application, as well as statistics on the commission of crimes and the punishability of persons in this category. The conclusion is made about the tendency of the growth of convicts who have reached retirement age, as well as a high proportion of the use of punishment in the form of imprisonment (both real and conditional), including for the commission of crimes of small and medium gravity. Taking into account the humanistic orientation of the punitive policy towards the elderly, the legislatively limited possibilities of individualizing the punishment of this category of subjects of responsibility, as well as the peculiarities of their psychophysiological status, the authors formulate a number of proposals to amend the criminal law regarding the application of compulsory, correctional and forced labor for persons who have reached retirement age. It is also proposed to consider the achievement of retirement age as a basis that prevents the appointment of compulsory work and significantly restricts the appointment of correctional and forced labor. The appointment of the latter is possible with the consent of the convicted person who has reached retirement age. According to the authors, such an approach will increase the effectiveness of punitive practices against convicts of retirement age.