Execution Of Punishment Research Articles

ОКРЕМІ ПИТАННЯ ЩОДО РЕФОРМУВАННЯ СИСТЕМИ УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ В УКРАЇНІ

In the article, the authors considered the system of institutions for the execution of punishments and its constituent elements, consisting of detention centers, pretrial detention centers, special educational institutions, and open (correctional centers) and closed type penitentiary institutions. The authors identified the main current directions of its reform: to replace the punishment in the form of arrest by introducing instead of it the punishment in the form of deprivation of liberty, but for a shorter period than is currently provided by law, since the adoption of the Criminal Executive Code in 2003, this type of criminal punishment has become more liberal and turned into imprisonment for a certain period, but for short periods; to substitute punishment in the form of restraint of will by replacing it with probationary supervision with mandatory involvement in community service, since those sentenced to restraint of will are under supervision and not under guard, and the main component at the same time remains mandatory involvement in work; conducting probation supervision of persons released on parole from places of deprivation of liberty and introducing an electronic monitoring system at the place of residence of this category of persons, the authorized body on probation issues must forcibly involve them in probation programs, monitor their behavior, provide assistance in their adaptation, not the least role is played by the establishment of cooperation on control of this category with units of the Ministries of Internal Affairs of Ukraine; re-equipment of penal institutions taking into account modern approaches to engineering and technical means of protection and supervision, accommodation of convicts and their isolated detention; creation of a modern approach to the prevention of offenses by the personnel of penitentiary institutions, taking into account the modern leading model of the economic impracticability of illegal behavior. Key words: punishment, prevention, penitentiary institution, convicts, personnel, probation supervision, parole, arrest, restriction of freedom, prisoner of war camps, prisoners of war.

ДЕЯКІ АСПЕКТИ ФОРМУВАННЯ НОВОЇ МОДЕЛІ ЗАБЕЗПЕЧЕННЯ ОХОРОНИ, РЕЖИМУ І БЕЗПЕКИ УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ ТА СЛІДЧИХ ІЗОЛЯТОРІВ, З УРАХУВАННЯМ ВИМОГ МІЖНАРОДНИХ НОРМАТИВНО-ПРАВОВИХ АКТІВ

This publication is dedicated to the concept and provision of regime management in penal institutions and detention centers. It identifies a range of directions related to improving the organization of regimes, security, and order maintenance in correctional and detention facilities. The aim of the article is to explore the concepts of regime, security, and protection in international normative and legal acts, as well as publications by domestic and foreign scholars, and propose conceptual harmonization of these concepts in the process of criminal punishment execution. The article examines the model of the system’s procedures and means for organizing regimes, security, and safety in correctional facilities. To enhance the domestic concept of regime organization, security, and safety, the authors recommend referring to the principles and approaches set out in international legal documents, particularly in the Mandela Rules (the United Nations Standard Minimum Rules for the Treatment of Prisoners), the European Convention on Human Rights and Fundamental Freedoms, as well as the European Prison Rules. The article also highlights the role of understanding the concept of “regime” and its objectives for the effective implementation of the mentioned requirements. In particular, the regime is positioned as a tool for shaping socially acceptable behavior of convicts and prisoners. Attention is drawn to the need for the correct use of the terms “security” and “safety” in the national concept. Thus, the difference between these concepts is proposed to be understood through the prism of considering the “influence on the objectives of intentional and unintentional circumstances.” This publication contributes to understanding the importance of improving the penitentiary system and offers conceptual recommendations for enhancing the organization of regimes, security, and safety in penal institutions and detention centers in line with international standards. Key words: Regime in penal institutions, Improving safety and security, Conceptual harmonization of concepts «safety» and «security», Model of regime, security, and safety organization.

INTERNATIONAL COOPERATION OF PRE-TRIAL INVESTIGATION BODIES IN THE FIGHT AGAINST ORGANIZED CRIME IN THE FIELD OF TAXATION

The article deals with the issues of international cooperation between law enforcement agencies of states and international organizations in combating organized crime in the field of taxation. The forms and directions of the interaction of pre-trial investigation bodies with law enforcement agencies of other countries in countering organized crime in the field of taxation are analyzed. The study studied international treaties, the legislation of states (Ukraine, Germany, Poland, Italy), scientific achievements of scientists, statistical data on registered criminal offences and the results of their pre-trial investigation, and materials of criminal proceedings. According to the results of the study, the interaction of investigative units with other law enforcement agencies and their units in Ukraine, as well as law enforcement agencies of other states, is proposed to be considered in two senses. One of them – is a guide, the principle of organization, which should guide the investigation process. The second – as a structural element of the methodology for investigating certain types of crimes, which should contain information about the experience of interaction of the investigator with other departments of law enforcement agencies, government agencies and public organizations, and, if necessary, with law enforcement agencies from other countries of the world (international cooperation). The levels of international cooperation in combating crimes in the field of taxation committed by organized criminal groups are determined: bilateral (allows to take into account the peculiarities of law enforcement activities of each party to a greater extent, to agree on issues that are not equally regulated by the national legislation of each of them); regional (based on the principle of territoriality and allows taking into account the interests of the states of a particular region); universal (cooperation is carried out on the basis of Ukraine’s participation in world international organizations). Forms of international cooperation in the field of combating crime are international legal assistance (conducting investigators and other legal proceedings, etc.), extradition of a person suspected of committing a crime (extradition institute), taking over of criminal proceedings; transfer of convicts to deprivation of liberty for further execution of punishment; international search; information exchange. Proposals have been formulated to improve the interaction of investigative units with law enforcement agencies of other states in combating organized crime in the field of taxation based on the provisions of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 2001 on the possibility of direct communication between the competent authorities of Ukraine and the competent ones.

Forced feeding of convicts: problems of theory and practice

The problematic issues of legislative consolidation and application of forced feeding to convicts who refuse to take food in institutions of execution of punishment are considered.
 An analysis of domestic and international legislation in the field of treatment of convicts, prohibition of torture and other cruel, inhuman or degrading treatment and punishment, principles of medical ethics and deontology regarding the admissibility of forced feeding of persons who have declared a hunger strike was carried out.
 Special attention is paid to the analysis of the decisions of the European Court of Human Rights against Ukraine, which found a violation of Article 3 of the Convention on the Protection of Human Rights and Fundamental Freedoms in the context of the treatment of convicts during their forced feeding, which was classified as torture.
 Emphasis has been placed on the fact that the Convention on the Protection of Human Rights and Fundamental Freedoms in itself does not prohibit forced feeding, the purpose of which is to save the life of a specific person who is in custody and who deliberately refuses to eat. At the same time, it has been emphasized the need to comply with the requirements established by the European Court of Human Rights regarding the implementation of this procedure.
 It has been proposed to abandon and prohibit the forced feeding of a mentally healthy and capable person who has declared a hunger strike, contrary to his informed and voluntary refusal, in the form in which it currently exists, replacing it with artificial feeding (supportive therapy) with the express or necessarily implied consent of the person.

선진유가 정치사상에서 관대함의 의미

Kuan(寬) is one of the key behaviors of the Confucian political tradition, but it has not been fully explained. In this article, I shed light on that the correct execution of punishment was emphasized, and at the same time, that there was Confucian generosity as a political attitude in early Confucianism. That Confucian generosity is a form of renzheng(仁政) that operates in the process of punishment. Contrary to the understanding of mainstream, the process of punishment can express the politician’s benevolence and has the effect of building social solidarity and edification. This paper focuses on the Kanggao(康誥) of the Shangshu and draws on other chapters of Shangshu to explore the specifics of Confucian generosity, which is both visible and not explained in the Lunyu. The ruler's generosity, which is compatible with the penal system, is manifested in the following ways: first, by being extremely cautious in making judgments; second, by applying objective criteria for commutation; and third, by weakening the overall standards and cruelty of punishment. In the Warring States Period, the attention to ruobaochizi(若保赤子) in the Kanggao(康誥) of the Shangshu, which represents political generosity, was used as a slogan to describe the Confucian political ideal, but interestingly the Mengzi did not emphasize it. This is because the generosity, which is similar to parental love, is a mechanism for the formation of a pseudo-family relationship in the political realm. In contrast to this position of the Xunzi and the Daxue(大學) of the Liji, the Mengzi rejects the interpretation of ruobaochizi(若保赤子) as an extension of familial attitudes and interprets it as a form of ceyinzhixin(惻隱之心) through using the famous case of ruzirujng(孺子入井). The Xunzi shows an aspect of solidarity in politics that resembles family, and the Mengzi shows that any agent with ceyinzhixin(惻隱之心), not just a politician, can be the agent forming solidarity. Through this understanding of generosity, we can see that, as a political practice that resembles the practice within a family, virtuous generosity is an attitude that enables the social solidarity that recognition embodies, but also has the potential to extend to personal practice.

Problematic aspects of the execution of punishment in the form of compulsory labor

Problematic aspects of the execution of punishment in the form of compulsory labor

Soviet criminal-executing system as a tool of totalitarianism

Purpose. The purpose of the study is to reveal the legal foundations of the formation of the Soviet criminal-executive system and its qualification as a tool of totalitarianism. Methods. The article uses a set of principles and methods of scientific knowledge, in particular the principles of objectivity and historicism, as well as methods of analysis and synthesis, generalization, legal, formal-legal, system-historical, retrospective analysis, dialectical, phenomenological, hermeneutic and systemic. A theoretical analysis of the concepts of «totalitarianism» and «criminal-executive system» was carried out, approaches to understanding their content among Ukrainian and foreign scientists were considered. Results. The author's understanding of the concept of the criminal-executive system was formed as a set of authorities that were responsible for the execution of criminal punishments and probation and implemented not only an educational and correctional function, but they were a tool of the political regime in the fight against internal opposition. The Soviet criminal-executive system was directly involved in the implementation of the so-called «great terror», and until the 1960s it had a distinct correctional and labor character. Confirmation of the totalitarian character of the criminal-executive system of the Soviet era are the very norms of law that regulated its formation and development. Thus, the ideologues of Bolshevism immediately pointed out the punitive nature of criminal legislation. In the 1930s, in the context of the adoption of emergency legislation and, in particular, the adoption of a number of amendments to the Criminal and Criminal Procedure Codes, the Correctional Labor Code of 1925 lost legal force, and correctional legislation was regulated by the norms of emergency law. The system of execution of punishments was finally regulated only with the adoption of the Correctional and Labor Code of the Ukrainian SSR in 1970. The latter approved a harsh, inhumane system, which focused its attention on the complete exploitation of persons serving sentences. A conclusion has been made about the perspective of studying the Soviet criminal-executive system, in particular in terms of fixing numerous crimes against persons who were serving sentences, rehabilitation of victims of totalitarianism, as well as improvement of the current legislation of Ukraine. Originality. The regularities of the formation and evolution of the criminal-executive system of the Ukrainian SSR have been established, and the signs that allow it to be qualified as totalitarian have been determined. Practical significance. The results of the research can be used in the process of historical and legal research, preparation of special courses.

Execution of Capital Punishment in India: Is it a Violation of Human Rights?

Execution of Capital Punishment in India: Is it a Violation of Human Rights?

Crime prevention mechanism in places of deprivation of liberty

The article examines the basic principles of crime prevention in places of deprivation of liberty. It was determined that penitentiary principles and the mechanism for preventing criminal offenses in places of detention remain the primary task of the State Policy in the field of execution of criminal punishments. It is they who ensure the order and conditions of execution and serving of sentences in places of deprivation of liberty in Ukraine and guarantee the safety of society. Emphasis is placed on the fact that penal institutions must return a full-fledged individual to society. It was determined that prevention of crime in places of deprivation of lliberty, as part of all crime, should be carried out at three levels: general social, special criminologicaland individual.
 General social prevention of crime in places of deprivation of liberty is, first of all, a complex of promising socio-economic, organizationalmanagement, ideological, cultural-educational and other measures aimed at solving acute social problems and troubles in the country. In addition, bodies and institutions for the execution of punishments can apply such special measures of criminological prevention as prevention and cessation of crimes. Prevention and termination of crimes are transferred to those stages of the development of criminal behavior, which are characterized either by the emergence of the intention to commit a crime, or when the behavior of some persons is capable of causing it, or when the crime has already begun to actually be committed. Preventive activities in places of deprivation of liberty can be based on methods of neutralization of criminogenic phenomena, dealcoholization and devictimization, destruction of the criminal subculture, criminal law abstinence from committing crimes, medical rehabilitation.
 It is substantiated that the fact of a person’s continued stay in a criminogenic environment or his return to it after serving a sentence or parole is necessary for recidivism.
 It was established that the prevention of crime in places of deprivation of liberty requires improvement and regulation of its mechanism. A system of measures was proposed that would maximally prevent the possibility of committing crimes in places of deprivation of liberty. However, it has been established that in order to increase this activity, first of all, it is necessary to eliminate organizationalmanagement, control-supervisory, informational, operative-search and other determinants that contribute to the commission of criminal offenses in places of deprivation of liberty.

Medical Treatment of Criminals in Premodern China Based on Qing Era Local Archives: Focusing on the Case of Ba County in the late 18th Century.

This study aimed to confirm what kind of medical treatment was given to criminals by the local governments in Qing China and the role of the government doctors in charge of the criminals' medical care. Using local administrative and historical materials, I explore the procedures and methods of medical treatment and explain the treatment processes for criminals. The findings demonstrate that, although different from modern ideals, in premodern China under the emperor's rule, there were provisions for ailing criminals to receive medical treatment. In the Qing era, the execution of actual punishments worked as a keynote of judicial policy, and the number of criminals managed by local government offices was larger than before. The government doctors took charge of the criminals' medical treatment, but it seems that their position in the Qing era was not popular due to low salaries and psychological resistance to treating guilty criminals. Moreover, the government doctors dispatched to treat criminals were required to play an additional role. They had to testify that there were no other causes of death other than disease, which demonstrates that the government doctor played a role in determining whether the death was a crime. However, their treatment practices for criminals demonstrate the use of traditional medicine from the Tang and Song era onwards. There are two reasons for this. First, unlike the private market, there was no economic incentives for doctors to use new medicines and prescriptions. Second, because of the fear of being reprimanded for the death of the criminal, using classical prescriptions was a way for doctors to defend the adequacy of their medical practice. From an institutional perspective, medical care for criminals through government doctors was guaranteed during the Qing era. However, government doctors were not selected for their medical competence, nor were they provided with adequate incentives to practice good medical care. Even some government doctors devoted themselves to medical care, the quality of care was not systematically guaranteed. This provides evidence of the poor medical environment surrounding criminals in premodern China.

Implementation of The Death Penalty Execution After A Final Verdict In Indonesia

In the realm of public knowledge, capital punishment is recognized as a severe and, at times, inhumane form of criminal punishment. This implies that individuals tend to be hesitant when faced with the impending reality of their own death, understanding that the ultimate decision lies in the hands of a higher authority. Consequently, individuals should be conditioned to become accustomed to the idea of witnessing and possibly experiencing the brutality, cruelty, and injustice associated with capital punishment. While these elements may instill fear, it is important to recognize that the death penalty holds an equal standing with other punitive laws. Its purpose lies in achieving national peace, security, and societal well-being.

ОКРЕМІ АСПЕКТИ ПІДГОТОВКИ МОЛОДШИХ ІНСПЕКТОРІВ-КІНОЛОГІВ ЗІ СПЕЦІАЛЬНИМИ СОБАКАМИ

The training of cynologists for the system of execution of punishments additionally involves the implementation of a number of educational activities aimed at developing practical skills in a cynologist who must use a service dog at a high professional level, and for this it is extremely important to have the necessary level of knowledge and skills. Methodological support for the training of cynologist with service dogs to perform the assigned tasks remains relevant. The article highlights the peculiarities of the staffing of service dogs in penitentiary institutions and remand detention centers of the State Criminal and Executive Service of Ukraine. Based on the analysis of the regulatory and legal framework for the implementation of cynology support for law enforcement agencies of Ukraine regarding the selection of service dogs for special service and experience, the criteria for the selection of service dogs for penitentiary institutions and remand detention centers of the State Criminal and Executive Service of Ukraine for training in the direction of the special service for the search for narcotic drugs and psychotropic substances are proposed. The requirements for the cynologist are outlined, the list of material and technical support is indicated, and the mode and leader of the training classes are proposed. The essence and content of the method of development by cynologists of a behavioral reaction in dogs to obtain the desired object is revealed, which is based on the sequence of practicing exercises by a cynologist with a service dog in order to acquire the practical skills of a trainer to prepare a dog to search for narcotic drugs and psychotropic substances. In the context of the tasks defined by the normative documents of the Ministry of Justice of Ukraine regarding professional training, the proposed separate aspects of the training of dog handlers with service dogs in penitentiary institutions and detention centers of the State Criminal and Executive Service of Ukraine will contribute to the effective training of cynology pairs by specialization in the educational institution of the State Criminal and Executive Service of Ukraine. Key words: selection, special dogs, penitentiary institutions, Department of Cynology, training, training of dogs.

ЗАРУБІЖНИЙ ДОСВІД ФУНКЦІОНУВАННЯ ПЕНІТЕНЦІАРНИХ СИСТЕМ: ПЕРСПЕКТИВИ ВДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА УКРАЇНИ

The article analyzes advanced practices of the functioning of penitentiary systems in foreign countries. Attention was focused on such aspects as: the expediency of using deprivation of liberty as the main form of punishment, the types of institutions for the execution of punishment, the functioning of state and private institutions of deprivation of liberty and the expediency of introducing a similar practice in Ukraine, professional training of personnel of institutions of deprivation of liberty. In particular, it was established that such type of punishment as deprivation of liberty is not an effective measure, as there is a probability of repeated crimes. This led to the analysis of the experience of applying criminal punishments associated with deprivation of liberty in those foreign countries where recidivism after release has a fairly low share of all crime. Due to repeated statements about the creation of private prisons in Ukraine, special attention was paid to this issue. Countries where the practice of private prisons has already been tested (USA, Great Britain, Australia) were taken as an example, and issues that should be paid special attention to when introducing this institution in our country were summarized. Taking into account the fact that the personnel of the penal institutions are constantly in contact with the convicted person due to the performance of their official duties, the issue of his professional training is highlighted as important. In this aspect, the preparation for the humanization of personnel education and the technology of combining theory and practice with the introduction of progressive experience of penitentiary activity deserve further analysis and implementation. It is clear that it is impossible to fully borrow foreign experience in the application of deprivation of liberty and serving a sentence, but the isolated issues must be taken into account when implementing progressive practices into national legislation. Key words: penitentiary system; criminal law; execution of punishments; convicts; probation; institutions of execution of punishments; national legislation; implementation.

ОКРЕМІ АСПЕКТИ ВДОСКОНАЛЕННЯ ПРАВОВОГО РЕГУЛЮВАННЯ КІНОЛОГІЧНОГО ЗАБЕЗПЕЧЕННЯ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

The article reveals the results of the analysis of the regulatory framework on counteraction to illicit trafficking of narcotic drugs and psychotropic substances and proposes to amend the regulations on legislative regulation of the use of service dogs and, in particular, special dogs in the search of narcotic drugs and psychotropic substances in the State Criminal and Executive Service of Ukraine. In particular, according to the authors, the use of service dogs of the State Criminal and Executive Service of Ukraine should ensure the following tasks: strengthening the protection of the institutions of execution of punishments, detention centers of the SCES of Ukraine; search and detention of criminals who have fled from custody or in cargoes; overview of road, railway transport, objects of execution of punishments and detention centers of the SCES of Ukraine; review of persons and their personal belongings for the purpose of finding and detecting narcotic drugs, psychotropic substances, explosives, small arms and ammunition, etc. The peculiarities of completing cynology team with a special dog and specified requirements for a cynologist and a service dog. The algorithm of actions of the junior inspector-cynologist with a special dog in the case of its effective use is improved, namely the cynologist is obliged to: find out what item (object) the dog reacted to, by re-starting the dog for inspection; to report to the official; take measures to preserve the subject (object) to which the dog reacted and prevent the leakage of information; conduct an inspection of all objects (objects); draw up an act on the use of a special dog; wait for the arrival of the National Police Investigation Group and to carry out all measures to establish the fact of a possible finding of a substance similar in terms of a narcotic drug or psychotropic substance, to facilitate in the future work of the defined group. Key words: legal regulation, prevention, cynology support, training of special dogs, institutions of execution of punishments, convicted, narcotic substances.

ПРАВОВІ ТА ПСИХОЛОГО-ПЕДАГОГІЧНІ СКЛАДОВІ БЕЗПЕЧНОЇ ДІЯЛЬНОСТІ ПЕРСОНАЛУ ОРГАНІВ І УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ

The scientific article highlights the legal and psychological-pedagogical components of the safe activity of the personnel of penal bodies and institutions. The main features of the legal regulation of the safe activity of the personnel of penal bodies and institutions have been studied. The author revealed the concept of “protection” and its meaning within the framework of the activities of the employees of penal bodies and institutions. The importance of psychological support and maintenance of emotional stability of employees of penal bodies and institutions in view of their interaction with a certain category of persons is highlighted. Within the framework of the scientific article, the pedagogical element of safe activity is also highlighted. It indicates the need to improve the pedagogical skill of the personnel of penal bodies and institutions. The safe activity of the personnel of penal bodies and institutions is a priority direction of their work, therefore, within the framework of theoretical studies, the coverage of certain elements of safe activity has gained wide popularity. Despite paying sufficient attention to law-making activity regarding streamlining the activities of penal bodies and institutions, there are still problematic issues that need to be resolved by defining priority strategic directions and improving the current legislation. The personnel of penal bodies and institutions interact with a certain category of persons in the framework of their activities, therefore it is important to provide effective psychological support and develop the necessary pedagogical skills. At the moment, it is necessary to state that in terms of organization, penal bodies and institutions have reached a certain level of legal and psychological-pedagogical provision of safe activities of their personnel. At the same time, the issue of improving these components and turning to new methods and international standards in the field of execution of punishments remains relevant. Key words: penal bodies and institutions, personnel of penal bodies and institutions, legal component of safe activity, psychological-pedagogical component of safe activity.

Principles of punishment without deprivation of liberty in the provisions of Vietnamese law

Vietnam has promulgated many legal documents as a basis for the organization and operation of criminal judgment enforcement. However, most of them focus mainly on the execution of prison and death penalty without really paying enough attention to the execution of punishments without deprivation of liberty. The system of legal documents on penalty enforcement without deprivation of liberty was issued at different times, so there are still many shortcomings, many contents have not been specified, leading to many difficulties and obstacles in law enforcement. Because it is an administrative-judicial activity, the execution of punishments does not deprive freedom of many subjects, and the order and procedures for judgment execution are relatively complicated, errors may occur, reducing the sense of justice. The meaning of punishment is not deprivation of liberty. Therefore, studying the principles of punishment without deprivation of liberty in the provisions of the law has scientific and practical significance.

Actual Problems of Execution of Administrative Deprivation of the Right to Drive Vehicles on the Example of Interaction of Traffic Police and Gostechnadzor Bodies of Russian Federation

Our article is designed to identify the actual problems of the execution of administrative punishment in the form of deprivation of the right to drive vehicles of all kinds on the example of the interaction of traffic police and Gostekhnadzor bodies in the Russian Federation and propose their solution. The relevance of our topic is related to the annual increase in the number of registered vehicles in the Russian Federation, for the management of which more and more certificates are issued. At the same time, being an unconditional source of increased danger, the vehicle and the person driving it on the basis of the right granted by the state always bear the risk of harm to health, human life, the environment, property, which naturally can lead to violation of the foundations of the constitutional order, morality, rights and legitimate interests of people. The main objective of our article is to determine the theoretical foundations of the state's activities to endow subjects of administrative and legal relations with the right to drive vehicles, as well as to consider the reasons for the ineffectiveness of interaction between traffic police and Gostekhnadzor bodies in the Russian Federation for the execution of administrative punishment in the form of deprivation of the right to drive vehicles. The uniqueness of the work and its scientific novelty lies in the fact that compliance with the provisions of the Code of the Russian Federation on the execution of administrative punishment in the form of deprivation of the right to drive vehicles is proposed to be achieved by introducing into practice the activities of the traffic police and Gostechnadzor bodies in the Russian Federation, the practical experience of interaction between the inspection of Gostechnadzor of the Kursk region with the territorial divisions of the traffic police of the Kursk region, which has already been implemented for two years areas.

Siberian Exile and Its Reformation during Reign of Peter Great (XVII—XVIII)

The history of the formation and development of the Siberian criminal exile, the main link in the all-Russian system of execution of punishment in the Russian Empire during the 18th— 19th centuries is discussed in the article. It is shown that the exile to Siberia appeared already at the end of the 16th century, however, during this period, called “Moscow”, it did not yet have a proper organization. The study provides examples that convincingly prove that it was only under Peter I and thanks to his efforts that the Siberian exile began to acquire a legal and organized character, began to play an important role in the protective and punitive system of the state. The novelty of the study lies in the fact that for the first time an attempt was made to comprehensively study the transformations of Peter the Great in the field of legal regulation of the system of hard labor and exile, which is shown on the example of Siberia in the 17th—18th centuries. It is shown that it was under Peter that criminal exile and hard labor became not only forms of punishment for criminals, but also the main way to use free labor in the construction of strategically important facilities for the country located on the borders of the Russian Empire.

Незаконные действия в отношении имущества, подвергнутого описи или аресту либо подлежащего конфискации

Introduction. Damages from crimes in 2022 (for completed and suspended criminal cases) amounted to 748.3 billion roubles. Article 312 of the Criminal Code of the Russian Federation is designed to ensure the proper functioning of the law enforcement system for the execution of punishment or compensation of damages. There are theoretical and practical problems in qualifying offences under paragraphs 1 and 2 of Article 312 of the Criminal Code of the Russian Federation. These problems increase the risk of harm to justice, and also make it difficult or impossible to execute court decisions (in enforcement proceedings), to compensate for damages caused by a crime or other offence, to carry out confiscation of property imposed by a court verdict.
 Methods. The following cognitive methods serve as a methodological basis for the study: system structural, descriptive-analytical and statistical methods, the application of which made it possible to study the crimes under Article 312 of the Criminal Code of the Russian Federation.
 Results. As a conclusion the author formulates proposals for improving the current law enforcement practice of qualification of illegal actions in relation to property subjected to inventory, seizure or confiscation.
 The author considers types of property that cannot be the subject of an offence under Article 312 of the Criminal Code of the Russian Federation. The cases when the investigated acts should be qualified under the totality of crimes - the norms in question (Art. 312 of the Criminal Code of the RF) and the relevant articles of the Special Part of the Criminal Code of the Russian Federation were revealed.

Ageing of convicted prisoners: some problems and solutions (domestic and comparativistic aspects)

The subject of the article is the peculiarities of the execution of imprisonment in relation to the elderly (over 50 years old) as an independent legal institution of penitentiary law in Russia and abroad.The purpose of the article is to identify the patterns and problems of the execution of punishment in the form of imprisonment in relation to elderly people (over 50 years old) in Russia and abroad, taking into account the growth trend of this category of prisoners and propose a legal solution to the problem.Main tasks: (1) to determine using statistical indicators the change in the number of elderly prisoners and identify the main trend in quantitative indicators; (2) identify problems that arise in elderly prisoners due to the lack of legislative regulation of the organization of an accessible environment in correctional institutions; (3) conduct a comparative analysis of the organization of medical care in relation to the elderly when serving a sentence of imprisonment in Russia and abroad; (4) determine ways to improve Russian legislation in the field of punishment in the form of imprisonment in relation to elderly prisoners.Research methodology. When studying the tendency of aging convicts to imprisonment in Russia and abroad, an analysis of statistical data was used. The work is a comparative legal study as a result of the study of domestic and foreign experience in the execution of sentences in the form of imprisonment, as well as the penal policy of Russia and foreign countries in relation to elderly prisoners; specific sociological technique was used when conducting a survey of persons over 55 years old serving a sentence of imprisonment in Russia; the formal-legal method made it possible to formulate a number of proposals on the need to reform penitentiary institutions, taking into account the age characteristics of this category of convicts.Main results and scope of their application. Firstly, the possibility of allocating a separate chapter to the PEC of the Russian Federation on the peculiarities of the execution of punishment in the form of imprisonment of elderly convicts is justified. Secondly, the definition of the concept of "accessible environment", as well as the peculiarities of medical care for elderly convicts, taking into account the relevant experience of foreign countries. Thirdly, there is a need to form legal institutions for the socialization and resocialization of elderly people (over 55 years old) during the period of serving criminal sentences in the form of imprisonment, taking into account age characteristics and foreign experience.Conclusion. Age characteristics and health conditions have a direct impact on the correctional impact of those sentenced to imprisonment. Russian and foreign experience clearly show that at present there is no unified political and legal approach in relation to elderly prisoners, despite the general growth trend of this category of persons. In Russia and abroad, there is a need to build correctional institutions of a new type, which will take into account, among other things, the age characteristics of the convicts. In this case, it is necessary to start with the development of individual legal institutions.