Execution Of Punishment Research Articles

Common features and differences in the execution of punishments in the form of compulsory and correctional labor in Russia

Common features and differences in the execution of punishments in the form of compulsory and correctional labor in Russia

Тенденции преступности женщин и исполнения в их отношении наказания в виде лишения свободы

The article examines the current trends in the female crime, their specificity and features and the execution of punishment in the form of imprisonment in relation to women. The subject of the scientific article is crime among women and the peculiarities of the execution of punishment in the form of imprisonment. The purpose of the study is to substantiate the trends in female crime, as well as the theoretical and practical provisions of the current legislation on the issue of the execution of punishment in the form of imprisonment with regard to women. The methodological basis of the research was formed by the general method of cognition – the dialectical method of studying the processes of social and legal phenomena development. Also, special scientific research methods were used: logical-semantic, historical-legal, system-structural, comparative legal, specific sociological, as well as the method of mathematical modeling. The provisions formulated as a result of this work can be used in the development of theoretical problems of crime prevention among women. The chosen way of solving problems, as it seems, makes it possible to develop new scientifically substantiated recommendations for the prevention of crime among women, ensuring the criminological safety of families and minors. These decisions will have a positive impact on the substantiation of the effectiveness of the criminal-legal fight against female crime, increasing the effectiveness of the prevention of crimes against women, families and minors. It is concluded that female crime is a complex, multifaceted phenomenon that objectively exists in society and is interconnected, closely intertwined with other social phenomena, and the study of its tendencies will positively affect the further and early recovery of our society. Key words: female crime, imprisonment, trends, execution, reasons, motivation.

ПРИНЦИП НЕОТВРАТИМОСТИ НАКАЗАНИЯ В УГОЛОВНО-ИСПОЛНИТЕЛЬНОМ ПРАВЕ: ОТ ДЕКЛАРИРОВАНИЯ К ВОЗМОЖНОСТИ РЕАЛИЗАЦИИ

Introduction: the paper deals with the doctrinal principle of the inevitability of punishment and focuses on the possibility of implementing it in legal relations under penal enforcement law. The purpose of the paper is to identify how this interdisciplinary principle is respected in the enforcement of criminal sentences, and to propose mechanisms for its implementation. The study employs such methods as description, observation, statistical analysis, documentary analysis, induction, analogy, and thought experiment. Results: the paper reveals the fact that within the existing system of measures of negative and positive impact on the behavior of convicted persons, it is practically impossible to ensure the principle of the inevitability of punishment being implemented when it comes to sentences that are not related to isolation from society. Implementation of this principle in the execution of punishments related to isolation from society is not of legal but of organizational nature. Conclusions: the inability to execute a punishment in strict accordance with the requirements of the law leads to the loss of the deterrent value of punishment. When punishment is not related to isolation from society, convicts do not seek to serve the imposed punishment in strict accordance with the court verdict. As to the cases of serving a sentence related to isolation from society, there is a problem of unclear conditions for taking the most significant incentive measures in relation to a convicted person, such as substitution of the unserved part of the sentence and parole. The analyzed practice convincingly indicates that even if all the requirements of the law are fulfilled, petitions of convicts remain unsatisfied, while the courts refer to the fact that the goals of the punishment have not yet been achieved. Currently, in criminal and penal enforcement legislation there exist neither positive nor negative effective regulators aimed at facilitating strict and proper execution of the punishment imposed by the court.

Лишение права занимать определенные должности или заниматься определенной деятельностью: вопросы нормативной регламентации и правоприменительной практики

The article is devoted to various aspects of the regulation and execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The subject of the article is the norms of the current domestic legislation, data from official statistics of the Judicial Department at the Supreme Court of the Russian Federation and the Federal Penitentiary Service of Russia, as well as law enforcement practice on the topic under consideration. The purpose of the article is to analyze the normative regulation and practice of applying punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The methodological basis of the research is represented by a set of general and specific scientific methods. The work used methods such as analysis, synthesis, formal legal, statistical. As a result of the study, proposals were formulated to amend the current legislation in terms of improving preventive work with persons sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Conclusions are made about the essence, features of legal regulation and law enforcement practice of the considered type of punishment in modern conditions, about the need to increase the effectiveness of preventive activities in relation to persons sentenced to punishment in the form of deprivation of the right to engage in activities related to driving a vehicle. Key words: deprivation of the right to hold certain positions or engage in certain activities, punishment, penal inspectorates, the Criminal Code of the Russian Federation, convict, deprivation of the right to engage in activities related to driving.

Теоретичні питання удосконалення кримінально-виконавчого законодавства України та практики його застосування

Article reflects the results of scientific researches of scientists of the sector of study of problems of criminal-executivelegislation on the fundamental topic «Theoretical issues of improvement of criminal-executive legislation of Ukraine andpractice of its application», Аcademician Stashis Scientific Research Institute for the Study of Crime Problems NationalAcademy of Legal Sciences of Ukraine in the period from the first quarter of 2017 to the fourth quarter of 2021. Theobjectives, objectives and methods of the research are shown.In a substantive way, the abstract forms cover the multi-issueproblems raised in their publications by the developers of a fundamental topic and reasoned relevant proposals to overcomecertain flaws of the current criminal-executive legislation. Scientific research is characterized not only by the statementof disadvantage shortcomings in the field of execution of punishments and probation, but also by attempts to investigatethe historical origins of modern problems of criminal-executive legislation, to study the ways of its improvement. Whileworking on the topic, it became necessary to investigate and predict possible problems in criminal-executive law throughthe already developed draft new criminal code, which will be crucial for the future of criminal-executive legislation.Through most of the scientific papers of scientists, the idea of the need to appeal to modern international experience inthe field of treatment of convicts passes through the red tape. The proposed novelties are mainly due to the need to implementrecommendations contained in international standards for the treatment of convicts in domestic criminal-executivelegislation.Keywords: criminal-enforcement legislation, execution of punishments, probation, treatment of convicts.

Administrative detention: issues of imposition and execution of penalty

Administrative detention: issues of imposition and execution of penalty

Review of the Abstract of S. V. Tkacheva’s Dissertation on the Topic “The Appointment and Execution of Non-Custodial Punishments for Nonviolent Mercenary Crimes Against Property”, Submitted for the Degree of Candidate of Legal Sciences in the Specialty 12.00.08 “Criminal Law and Criminology; Penal Enforcement Law”

Review of the Abstract of S. V. Tkacheva’s Dissertation on the Topic “The Appointment and Execution of Non-Custodial Punishments for Nonviolent Mercenary Crimes Against Property”, Submitted for the Degree of Candidate of Legal Sciences in the Specialty 12.00.08 “Criminal Law and Criminology; Penal Enforcement Law”

Пенитенциарные идеи в научных трудах В. Е. Южанина

V. E. Yuzhanin made a great contribution to the development of the domestic theory of criminal and penal law, raised sensitive issues related to serving a sentence of imprisonment. The article focuses on the main scientific works of Professor V. E. Yuzhanin. The purpose of the studyis to analyze the main penitentiary ideas of the scientist, identify the most significant of them, assess the professor's contribution to the development of the domestic penal law science. The methodological basis of the research was formed by the analysis, synthesis, induction, system-structural, formal-logical and historical methods. As a result of the work carried out, it was found that the penitentiary ideas expressed in the works of V. E. Yuzhanin made a significant contribution to the development of the domestic legal science. Special attention should be paid to the conclusions of the scientist regarding the definition of the goals and nature of criminal punishment and practical recommendations related to increasing the efficiency of the execution of criminal punishments, first of all, punishment in the form of imprisonment, proposals for changing the approach to assessing the personality of a convict, which underlies the distribution of convicts in correctional institutions, as well as within them and ensuring a stricter isolation of criminal leaders. The data obtained as a result of the study can be taken into account when organizing the work on modernization and determining the most optimal ways and directions for the development of the domestic penal system and penal legislation, and used in the educational process of higher educational institutions of the Federal Penitentiary Service of Russia. Key words: penitentiary science, penal law, penal system, punishment, imprisonment.

Activities of the police in the execution of administrative punishment in the form of an administrative ban on visits to places of official sports competitions in the days of their conduct

Activities of the police in the execution of administrative punishment in the form of an administrative ban on visits to places of official sports competitions in the days of their conduct

On the issue of the problems of execution of punishment in the form of correctional labor

On the issue of the problems of execution of punishment in the form of correctional labor

Environmental law and the essence of separation of prisoners sentenced to imprisonment: structural analysis

The article examines existing approaches and different opinions of scholars-penitentiaries regarding the legal nature of separation of prisoners sentenced to imprisonment. The legal analysis of positions of scholars in the field of criminal executive law, who investigated the essence of separation of prisoners sentenced to imprisonment in various aspects, made it possible to highlight following approaches: 1) principle of institution of execution of punishment in the form of imprisonment; 2) means of ensuring the regime; 3) condition for implementation of principle of differentiation; 4) special classification issue; 5) type of classification; 6) intrageneric institution; 7) criminal-executive means of preventing crimes in correctional institutions. The authors come to the conclusion that separation of convicts is an inter-sectoral institution (in a broad sense), and also belongs to the category of internal penal means (in a narrow sense). Arguing this point of view, the general constant and special features of legal institutions and legal means and their application to the subject of research are considered. The authors identify and substantiate the main tasks of separation of prisoners and its functions, which are an external manifestation of its essence and determine the social and legal purpose, functional connection with other phenomena. As a result of study of the legal nature, the author’s definition of separate maintenance of those sentenced to imprisonment is proposed, its goals are highlighted and argued.

Уголовно-правовая охрана свободы личности подозреваемого, обвиняемого и осужденного

The criminal-legal influence exerted on a person must be legal and justified, and the constitutional right of a person to inviolability must be reliably protected. Law enforcement practice shows that the rights of a person involved in criminal repression are especially vulnerable. Violations of personal freedom can be committed not only during the preliminary investigation, but also at the stages of proceedings in court and the execution of a sentence. Increasing the effectiveness of criminal law protection of the constitutional right to liberty and security of a person is possible provided that one refers not only to the Criminal Procedure Code of the Russian Federation, but also to other normative grounds for its permissible restriction, as well as to the mechanism of possible encroachments on the part of law enforcement officials and judges. The aim of the study was to identify threats to personal freedom in the sphere of criminal proceedings and the execution of sentences, which had not previously been an object of a study. Drawing attention to the existing gaps, the authors formulate a consistent and scientifically grounded proposal to improve the criminal law protection of the inviolability of the suspect, the accused, and the convicted. The methodological basis of the research was formed by dialectics as a doctrine of the development and interconnection of social phenomena. To achieve the aim, a normative approach was used in conjunction with general (analysis, synthesis, induction, deduction, formal-logical, structural) and specific (formal-legal, comparative) research methods. The authors show that the Penal Code of the Russian Federation allows the detention of convicts who maliciously evade the execution of punishment for up to 48 hours. This period can be extended by the court up to 30 days. In accordance with Paragraphs 18 and 18.1, Art. 397, of the Criminal Procedure Code of the Russian Federation, a convicted person hiding in order to evade serving a sentence and on other grounds specified in the law may be detained, but for not more than 30 days. Based on the analysis of judicial practice and scientists' positions, the authors of the article come to the conclusion that it is advisable to extend the prohibition contained in Art. 301 of the Criminal Code of the Russian Federation not only for the unlawful detention of a suspect and its extension, remand during the preliminary investigation, but also for the deliberately unlawful detention, its extension, and remand of a convicted person. Interpretation of Art. 301 of the Criminal Code of the Russian Federation as providing for responsibility and for knowingly illegal detention and its extension or remand of a convicted person is socially conditioned, and also complies with both the text of this norm and its place in the structure of the Special Part of the Criminal Code of the Russian Federation and in the chapter on encroachments on the interests of justice.

О НОВОЙ КОНЦЕПЦИИ В ИССЛЕДОВАНИИ МЕЖДУНАРОДНОГО РОЗЫСКА

When considering the international search as a form of law enforcement activities of the state in the field of crime-fighting, the authors note the diversity of its concepts – the main viewpoints on the research and guiding ideas for its systematic coverage. The analysis based on the results of various scientific studies enabled them to single out several concepts, where the international search is considered as one of the areas in the joint struggle of states against crime; the institute for interstate cooperation in combating crime; the search for criminally obtained items; scientific and technical support for international search; legal aid in criminal cases. The above concepts of international search have been sufficiently developed, both in general and in terms of individual issues and details. Against this background, there is less research on the more applied issues of international search, and its system and system links in particular. They can be combined by the idea of carrying out an international search to ensure the inevi-tability of punishment. The very interpretation (concept) can be defined as a set of theoretical provisions ensuring the implementation of the inevitability of punishment for those accused, defendants and convicts who hide from the Russian authorities of criminal prosecution, courts or execution of punishment abroad. The content of the concept under consideration is determined by the view on the interna-tional search for a person for arrest and extradition for prosecution or execution of a sentence as a means of realizing the inevitability of liability. Such a view dictates the need to overcome the stereotypes in science and to include into the international search system all the actions that are taken by law enforcement agencies to arrest and extradite a fugitive for criminal prose-cution or execution of a sentence. The international search for a person for arrest and extradition for prosecution or execu-tion of a sentence is a complex of various legal acts undertaken by different subjects. An in-ternational search notice for a person, the detention of an international wanted person, his arrest and extradition (extradition), as well as the termination on appropriate grounds, accom-panied by a documentary, digital and other fixation in the established form, united by the general focus i.e. the search for the person hiding abroad to arrest and extradite him for criminal prosecution or execution of a sentence – all these actions form a dynamic system. Such a view on the international search reflects a generalized theoretical model, which gives a full picture of the system of activities for the search of the hiding accused, defendant or convict and the dynamics of its separate elements, is an effective means for identifying the gaps in the legislative regulation and deciding the contentious theoretical and practical issues of search activities.

Some issues of improving the execution of punishment in correctional colonies

Тhe article discusses the issues of improving the management of a collective of convicts to imprisonment, the activities of amateur organizations of convicts, the living conditions of convicts in correctional colonies, execution and serving of sentences in penal colonies.

Legal problems of execution of punishment in the form of imprisonment in the detention center

В статье рассматриваются отдельные правовые проблемы исполнения наказания в виде лишения свободы в отношении осужденных к лишению свободы, оставленных в следственных изоляторах (СИЗО) для выполнения работ по хозяйственному обслуживанию, и других лиц.

ПРОБЛЕМЫ ИСПОЛНЕНИЯ НАКАЗАНИЙ В ОТНОШЕНИИ ЖЕНЩИН, СОВЕРШИВШИХ ПРЕСТУПЛЕНИЯ ТЕРРОРИСТИЧЕСКОЙ НАПРАВЛЕННОСТИ

The article is devoted to the problem of execution of assignments against women who committed terrorist crimes. The relevance of the study is due to the trend of increasing terrorist crimes among women, despite the decrease in crime in this category according to official statistics. The article points out the danger of the presence of "sleeper cells" on the territory of the republics of the North Caucasus from the number of supporters of international terrorist organizations, previously not recorded by law enforcement agencies, the number of which is growing due to information extremism. «Sleeper cells» have a negative impact on young people who directly or indirectly sympathize with the so-called «forest brothers», contribute to the development of terrorist activities among women. The article shows the preventive role of criminal legislation in the suppression of terrorist crime, including the terrorist activities of women. This hypothesis determined the purpose of the study – to establish ways to improve the system of execution of sentences for women who have committed terrorist crimes. Based on the study of the characteristics of terrorist crime among women, some directions for improving the system of execution of punishment for female terrorists are proposed. The results of the study can be used in the activities of the Federal penitentiary service and correctional institutions for women.

Некоторые проблемные вопросы исполнения наказания в виде ограничения свободы

The article discusses the issue of the execution of punishment in the form of restriction of freedom, problematic issues faced by a law enforcement officer. The purpose of the study is to identify problematic issues of the implementation of the restriction of freedom and to suggest possible ways of solving them. The methodological basis of the research was formed by the analysis, synthesis and formallogical methods. As a result of the work carried out, some problematic issues arising in the execution of restrictions on freedom have been studied, in particular, the calculation of the term of punishment, bringing the convicted person to criminal responsibility for committing a crime provided for in part 1 of Article 314 of the Criminal Code of the Russian Federation. The state of law enforcement in the issues under consideration is analyzed. As a result of the study, the need to amend the legislation of the Russian Federation for resolving the problematic issues indicated in the article has been substantiated. Key words: convict, punishment, restriction of freedom.

Проблемы освоения дисциплин тактико-специальной направленности курсантами образовательных организаций ФСИН России

Disciplines of a tactical and special orientation are traditionally included in the curricula for various specialties and areas of training implemented in educational organizations of the Federal Service for the Execution of Punishments, since they have a unique potential to form in future employees of the penal system the competencies necessary to solve specific professional tasks in an emergency. The purpose of the study is to identify the problems the students face in the course of tactical and special training, and to develop recommendations for improving this process. Research methodology: in addition to general scientific methods of theoretical knowledge – analysis, synthesis, comparison, a specific empirical method of questioning was used. The work was carried out on the basis of the Vladimir Law Institute of the FPS of Russia. As a result of the study, the main problems that arise among students in the study of disciplines of tactical and special orientation at the current stage of development of society were identified, recommendations for their solution were developed. The results of the study made it possible to identify the peculiarities of mastering these disciplines by students, with account of the continuously changing conditions of development of the society as a whole. The introduction of the developed recommendations into the educational activities of the departmental university will significantly improve the process of forming the competencies necessary for the implementation of the FPS employee practical activities in emergency situations. Key words: cadet, penal system, tactical and special training, tactical training, emergency, an employee of the penal system.

«ПОРЯДОК» И «УСЛОВИЯ» ИСПОЛНЕНИЯ И ОТБЫВАНИЯ НАКАЗАНИЙ КАК КАТЕГОРИИ УГОЛОВНОИСПОЛНИТЕЛЬНОГО ПРАВА

In legal science, sometimes it happens that some of its defining, basic categories remain without due attention due to their apparent obviousness, although on closer examination it turns out not so simple. A similar situation exists nowadays, in our view, with such frequently used in the theory of criminal-executive law, in legislation and subordinate normative legal acts as "order" and "conditions" of execution and serving of criminal punishments. Although more than fifty articles of the current Criminal Executive Code of the RF contain references to "order" and "conditions" in various contexts (together or separately), their specific scientific content lacks proper certainty. It should be emphasised that the categories of 'procedure' and 'conditions' used in penal law have different content and meaning, based on the more general categories of 'condition' and 'conduct'. From this point of view, "conditions" are the main external parameters of the state of the subjects of penal relations, legally enshrined in the form of descriptions, prescriptions, restrictions or special rights, such as the right of prisoners to guaranteed food, etc. Conditions of execution are legally enshrined parameters of the state of the subjects of execution of punishments (including requirements for equipment of correctional facilities). The same, addressed to the convicts, act as conditions of serving the sentence. Execution procedure - legally enshrined requirements for the subjects of sentence enforcement, including rules of legal procedure and requirements for compliance with the conditions of sentence enforcement. Order of serving - normatively enshrined rules of conduct of inmates, including their obligation to comply with the conditions of serving the sentence. Violation of the order of serving the sentence includes non-compliance with the conditions of serving the sentence. In this regard, the definition of violation of the "order and conditions" of serving juveniles as a ground for disciplinary liability of convicted persons seems redundant. It is sufficient to indicate the order of serving the sentence, as it is done in the norms of the Penal Enforcement Code of the Russian Federation, regulating the execution of imprisonment. At the same time, the responsibility of the administration of correctional institutions and its representatives is possible both for violation of the conditions of execution of punishment and the order of its execution. In the first case, there may be unlawful "indulgences" to convicts (for example, in terms of keeping prohibited items by them), or (which happens more often) unlawful "toughening" of conditions, as stated in Article 121 of the CEC of the RF. The order of execution of sentences can also be violated without violating its conditions when it concerns the procedure, consistency, reasonableness of certain aspects of the penal enforcement activity.

On the issue of the problems of execution of punishment in the form of compulsory labor

В статье рассматриваются проблемные вопросы, возникающие при исполнении наказания в виде обязательных работ. Анализируется уголовное и уголовно-исполнительное законодательство по проблематике, предлагаются пути решения проблем.