Form Of Imprisonment Research Articles

РЕСОЦИАЛИЗАЦИЯ ОСУЖДЕННЫХ, ОСВОБОЖДЕННЫХ И ОСВОБОЖДАЕМЫХ ИЗ МЕСТ ЛИШЕНИЯ СВОБОДЫ (НА ПРИМЕРЕ УФСИН РОССИИ ПО КАЛИНИНГРАДСКОЙ ОБЛАСТИ)

The purpose of studying the experience of the resocialization of persons who have served a custodial sentence is to identify problems that exist in the organization and implementation of this work by institutions and bodies of the penal enforcement system, consider best practices and formulate conclusions and proposals. Currently, there is no any notion of resocialization in the penal enforcement legislation, however, in some normative legal acts, in particular, in the Federal Law №. 182 «On the basics of the crime prevention system in the Russian Federation» (23 June 2016), resocialization is understood as a set of socio-economic, pedagogical and legal measures carried out by subjects of crime prevention in accordance with their competence and persons involved in crime prevention in order to reintegrate into society persons who have served a criminal sentences in the form of imprisonment and (or) those who have been subjected to other criminal law measures. The importance of the process of resocialization of persons released from prison is inexorably emphasized by statistical figures. Thus, about 60 % of those, who have committed crimes, do it again, and one in three has already been punished. On January 1st, 2024, the Federal Law «On Probation in the Russian Federation» came into force, which specifies the resocialization, social adaptation and social rehabilitation of persons released from prison as the main directions of probation. Currently, the process of developing and adopting sublegislative acts is underway. However, the existing positive experience of some regions in organizing this work should be counted. In the article the author examines the practice of the Federal Penitentiary Service of Russia in the Kaliningrad region. The author concludes that it is necessary to analyze and generalize the practices of various regions and develop a unified approach to this area of activity of the penal enforcement system in order to streamline it.

Legal liability of medical personnel and health workers who commit negligence during medical procedures (Normative Study After the Enactment of Law Number 17 of 2023 Concerning Health)

Medical personnel and health workers are part of health human resources who are basically tasked with providing health services to service recipients, in this case patients and/or providing the necessary medical measures. Medical personnel and health workers who commit negligence when carrying out their duties legally can be subject to legal liability. Since the enactment of Law Number 17 of 2023 concerning Health, there have been several important aspects of health law that have changed, one of which is related to legal liability. For this reason, it is necessary to conduct an assessment, especially about legal liability for medical personnel and health workers if they commit negligence when performing medical procedures. The type of research carried out is normative juridical research. The approach taken is a statutory approach and is descriptive analysis. The resources used for secondary data are by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The data collection tool used is document study (library research) and analyzed by qualitative analysis. Based on the results of the study, it is known that the duties and functions of medical personnel and health workers in carrying out medical actions on patients are mainly to provide health services to patients in the form of promotive, preventive, curative, rehabilitative, and/or palliative. Then it is known that the legal responsibility of medical personnel and health workers when committing negligence after the enactment of Law Number 17 of 2023 concerning Health is divided into 3 (three) forms, namely administrative liability, namely the temporary deactivation of STR; and/or recommendations for revocation of SIP, civil liability in the form of compensation and criminal liability in the form of imprisonment and fines.

МЕСТО И РОЛЬ ОПЕРАТИВНО-РОЗЫСКНОЙ ДЕЯТЕЛЬНОСТИ В ВОЗМЕЩЕНИИ ВРЕДА ОСУЖДЕННЫМИ

In the protection of human rights, compensation for harm caused by a crime is important. This constitutional obligation of the State is to a certain extent ensured by the current legislation, including criminal and operational investigative legislation. However, the practice of executing claims while serving sentences by convicts indicates a low level of compensation for harm. The analysis of the penal enforcement legislation makes it possible to establish unused reserves. The purpose of the study was to consider the process of ensuring compensation for harm caused as a result of the commission of crimes as a task of carrying out operational investigative activities in the execution of sentences in the form of imprisonment. The author suggests specific measures to improve criminal legislation and legislation regulating operational investigative activities in correctional institutions.

CRIMINOPENOLOGICAL ANALYSIS OF THE LEGAL STATUS OF IMPRISONMENT OF LIBERTY: BELARUSIAN RESEARCH EXPERIENCE

The legal regulation of deprivation of liberty as a measure of criminal liability is not limited to criminal law rules on its purpose and other application. Punishment by imprisonment is associated with a whole complex of regulatory norms of criminal executive, criminal procedural and other sectoral legislation. A conclusion is made about the complex nature of the formation of the legal status of deprivation of liberty and on this basis a di erentiation is made of the elements that form it, depending on their functional purpose, in uence on the content and nature of the origin of other legal institutions and measures of criminal law. Theoretical foundations of penitentiary criminopenology are being developed, which allows us to talk about classifying deprivation of liberty as a type of punishment as a penitentiary type of criminal liability. This direction creates the prerequisites for a comprehensive solution to the problem of saving penalization, including penitentiary repression at all stages of its regulation (from the establishment of criminal law sanctions to full implementation in relation to a speci c convict). The system of penitentiary criminology is revealed as an independent direction in the doctrine of punishment by deprivation of liberty, its subject and main parameters are determined. Certain aspects of the social, criminal-political, criminological and criminal-legal conditionality of the nature of di erentiation and individualization of criminal penitentiary repression are considered. The content of punishment in the form of imprisonment is analyzed in terms of measuring the parameters of penitentiary criminology. On this basis, the content of the protective task of criminal law in the conditions of the development of the social state and modern society is clari ed.

Consideration of socially significant personality traits of a convicted person in the organization of the process of penitentiary prevention

The problem of the recidivism of punishment in the form of imprisonment, traditionally refers to the most pressing problems of social science. This is due to the fact that being isolated from society, the convict is forced to integrate into the social education that has been formed in places of deprivation of liberty. The specific relationships that exist among convicts in the penitentiary society also leave a certain imprint on the nature of those relationships that are considered acceptable in this environment. The administration of correctional institutions is forced to take into account the system of informal relations that has developed among convicts in order to implement penitentiary practices necessary for the correction of convicts. For many decades, a system of qualitative assessment of the personality of convicts serving sentences of imprisonment has been formed. The article notes that there is a rather unhealthy practice of focusing on the criminal characteristics of the convict's personality, which began to influence the shift in emphasis in the application of penitentiary practices from correction to punishment. This is most clearly seen in the institute of preventive accounting used in correctional institutions. The Administration is making efforts to identify negative personality traits in convicts in order to use them in determining priorities in the application of penitentiary practices. The authors propose to consider such an approach as hindering the effective use of penitentiary prevention. As a result, the article proposes to shift the focus in the activities of the correctional institution administration to socially significant personality traits of the convicted person in order to correctly determine priorities in the process of penitentiary prevention.

Penegakan Hukum terhadap Pelaku Tindak Pidana Penambangan Pasir Secara Illegal

Mining is a natural resource that cannot be renewed so it must be managed as well as possible, efficiently and transparently and paying attention to the environmental impacts resulting from mining activities. The rampant illegal sand mining that occurs in Batam, Indonesia can certainly cause environmental damage. The aim of this research is to determine and analyze the regulation and law enforcement against perpetrators of illegal sand mining crimes. The research method used in this research is descriptive-analytic with a juridical-normative type of research. The results of research on regulations regarding perpetrators of illegal sand mining crimes are regulated in Article 158 which reads "every person who carries out mining without a permit as intended in article 35 shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000 .00 (one hundred billion rupiah)”. Law enforcement against perpetrators of criminal acts of illegal sand mining, namely being sentenced by the Batam District Court with Batam District Court Decision No. 515/Pid.Sus/2022/PN Btm is the sentence imposed by the panel of judges including imprisonment for 1 year and 3 months for each defendant, as well as a fine of IDR 500,000,000.00. The conclusion is that law enforcement is running well and shows the court's seriousness in dealing with violations of mining and environmental protection laws. Additional punishment in the form of imprisonment if the fine is not paid, emphasizes that compliance with the law is non-negotiable.

Juridical Review Indonesian National Army, Army Who Permitted The Crime of Adulture

The aim is to find out the provisions governing the criminal act of violating adultery or immorality committed by the Indonesian National Armed Forces. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. Legal Consequences Regarding the crime of violating decency/adultery committed by the Indonesian National Armed Forces, the perpetrator is subject to Article 281 paragraph (1) of the Criminal Code Juncto Article 26 of the Criminal Procedure Code, Article 190 paragraph (1), paragraph (3), paragraph (4) of the Law of the Republic of Indonesia Number 31 of 1997 concerning Military Justice, namely in addition to the main punishment in the form of imprisonment, as well as additional punishment in the form of being dismissed from military service.

Роль уголовной политики в деятельности уголовно-исполнительной системы

This article attempts a scientific and theoretical understanding of the modern criminal policy of the Russian Federation and its impact on the penal enforcement system, namely on the state of the regime (law and order) in institutions and bodies executing criminal penalties in the form of imprisonment. The analysis of the work on the prevention of penitentiary crimes forces penitentiary scientists to look for effective, scientifically based ways to counteract them. The humanization of criminal policy expressed in the application of criminal penalties not related to deprivation of liberty, for example, the imposition of punishment in the form of forced labor, has significantly reduced the quantitative index of persons held in correctional institutions, but, unfortunately, this has led to the concentration of particularly dangerous criminals in these institutions, which negatively affected the state of law and order in these institutions and This has led to an unprecedented increase in offenses in modern penitentiary history, committed by convicted persons serving a criminal sentence in the form of imprisonment. Thus, a comprehensive study of the relationship between criminal policy and penal enforcement policy will allow us to develop a number of effective measures aimed at achieving the goals pursued by criminal and penal enforcement law and significantly reduce the level of penitentiary crime.

Қылмыстық заңнамасы аясында жаза тағайындау

The issue of punishment and its appointment is very relevant both in the country and in other states. Here we are talking about the social consequences that can be achieved in criminal law when imposing and applying punishment to persons found guilty of committing a criminal offense. In recent years, Kazakhstan's criminal policy has been paying more attention to combating serious and especially serious crimes, facilitating criminal liability for less serious and moderate crimes. That is, in the first case, various grounds for the application of punishment for crimes not related to isolation from society are considered, and in the second - the possibility of appropriate impact on convicts of punishments in the form of imprisonment. As already noted, in the article, the authors assess how often types of punishments are considered in criminal sanctions, based on the general grounds for imposing punishment on the guilty person in order to achieve the purpose of punishment. At the same time, the relevance of this issue indicates that there are difficulties in imposing punishment, taking into account aggravating and mitigating circumstances in accordance with criminal law. In the article, the authors provide recommendations on mitigating circumstances. The purpose of the research work is to identify contradictions that arise in law enforcement practice when imposing punishment. The paper uses formal logical, historical and comparative methods.

Қылмыстық заңнамасы аясында жаза тағайындау

The issue of punishment and its appointment is very relevant both in the country and in other states. Here we are talking about the social consequences that can be achieved in criminal law when imposing and applying punishment to persons found guilty of committing a criminal offense. In recent years, Kazakhstan's criminal policy has been paying more attention to combating serious and especially serious crimes, facilitating criminal liability for less serious and moderate crimes. That is, in the first case, various grounds for the application of punishment for crimes not related to isolation from society are considered, and in the second - the possibility of appropriate impact on convicts of punishments in the form of imprisonment. As already noted, in the article, the authors assess how often types of punishments are considered in criminal sanctions, based on the general grounds for imposing punishment on the guilty person in order to achieve the purpose of punishment. At the same time, the relevance of this issue indicates that there are difficulties in imposing punishment, taking into account aggravating and mitigating circumstances in accordance with criminal law. In the article, the authors provide recommendations on mitigating circumstances. The purpose of the research work is to identify contradictions that arise in law enforcement practice when imposing punishment The paper uses formal logical, historical and comparative methods.

Criminal Law Policy in Handling Copyright

The cause of the criminal act of selling to the public the creation of the result of copyright infringement is to take shortcuts to get the most profit, the legal sanction imposed by the court has been too light, by committing the violation, the tax on the product of the violation result is not need to be paid to the government, and the last is the low level of community education. Legal sanctions for the crime of selling to the public the creation of the result of copyright infringement is the imposition of criminal sanction in the form of imprisonment and fine of criminal to perpetrator of crime selling to public creation of violation result of copyright of threatened criminal sanction is punishable by imprisonment maximum 5 ( five) years and / or a fine of not more than Rp 500,000,000 (five hundred million rupiahs). To avoid the occurrence of criminal act of selling to public creation result of copyright infringement should government together with police can do socialization to society about penal effect of law if society still sell to public creation result of violation result of copyright.

Chemical Castration Sanctions Against Pedophiles Based on Mashlahah Perspective

This study discusses the chemical castration sanctions against pedophiles. The main problem in this study is how are the sanctions for chemical castration in Law No. 17 of 2016 concern Child Protection? and what are the sanctions for chemical castration against pedophiles in Law No. 17 of 2016 concerning Child Protection based on Mashlahah perspective? The methodology used was field research, using qualitative methods with a juridical and normative approach. Then, the data collection methods were analysis, interviews with the ulama (Indonesian Ulema Council) of South Sulawesi Province, and documentation. The data processing and analysis techniques had several stages: data reduction, data presentation, data editing, data analysis, and conclusion. The results showed that: 1) Chemical castration sanctions in Law No. 17 of 2016 concerning Child Protection is a sanction in the form of injecting a chemical substance that aims to suppress sexual desires towards perpetrators of sexual crimes against children (pedophiles). The chemical castration sanction in the Law is an additional criminal sanction that is imposed at most two years after the perpetrator has served the main sentence in the form of imprisonment; 2) Chemical castration sanctions in Law No. 17 of 2016 concerning Child Protection are categorized as mashlahah mulghah by the ulama, it refers to rejected mashlahah because there is an argument for the prohibition of castration in the hadith and ijma' of the ulama.

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

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.

Peranan Notaris Sebagai Pejabat Pembuat Akta Dikaitkan Dengan Pasal 55 KUHP

Article 16 Paragraph (1) Letter a Law Number 2 of 2014 Concerning the Office of a Notary Public which emphasizes the obligation of a notary to act in a trustful, honest, thorough, independent, impartial manner and protect the interests of the parties involved in legal actions. However, in practice there are still notaries who commit criminal acts involving the forgery of authentic deeds. For this reason, the purpose of this study is to analyze the legal consequences and responsibilities of a notary in his position as a deed making official in making an authentic deed which indicates the participation of the criminal act of forgery. The method used in this research is normative juridical research with statutory, conceptual, analytical and case approaches which are processed using qualitative descriptive techniques. The results of the study show that the legal consequences for a notary in his position as a deed-making official in making authentic deeds indicated that there was an indication of participation in the criminal act of forgery, namely according to the UUJN it can be applied regarding dismissal/notary being dismissed from his position, according to Article 1365 of the Civil Code he is obliged to pay compensation to the aggrieved parties and according to Articles 264 and 266 of the Criminal Code in the form of imprisonment. The legal responsibility of a notary in his position as an official making a deed for indications of participating in the crime of forgery in making an authentic deed, that is, he can be criminally responsible if he fulfills the elements of error, namely being able to take responsibility, there is an inner relationship in the form of intentionality and there is no reason to erase the mistake. So that a Notary who consciously deliberately or is involved in falsifying the making of a deed can be held accountable in criminal law in the form of imprisonment and criminal administrative sanctions

The Issues Of Prosecutorial Supervision Over The Legality Of The Application Of Imprisonment

The article is dedicated to the practical problems of prosecutorial supervision over the legality of the application of imprisonment (hereinafter also referred to as “Punishment”) and the ways to solve these problems. Although the Law of the Republic of Armenia “On Prosecutor’s Office” and the Penitentiary Code of the Republic of Armenia define relevant legal regulations on prosecutorial supervision over the legality of the punishments’ application and other coercive measures, in our opinion, the mentioned legal regulations are not consistent with the logic, essence and meaning of the powers of the Prosecutor’s Office stipulated in point 5, part 2 of Article 176 of the Constitution of the Republic of Armenia. By virtue of the aforementioned constitutional jurisdiction, the Prosecutor’s Office of the Republic of Armenia (hereinafter also referred to as the “Prosecutor’s Office”) is authorized to oversee the legality of the punishments’ application and other coercive measures, which implies that the Prosecutor’s Office must be empowered to apply measures of direct prosecutorial influence when exercising these powers; meanwhile, according to the current legislation, the Prosecutor’s Office of the Republic of Armenia (hereinafter also referred to as the “Prosecutor’s Office”) performs the role of an observer and, upon discovering a legal act that contradicts the legislation, does not abolish it, but files a motion to the body executing the sentence to review the act that contradicts the legislation, or files such a motion after suspension of the said act. It is noteworthy that, according to the position of the Prosecutor’s Office, the act that contradicts the legislation may remain unchanged as a result of the final review in accordance with the procedure established by the legislation, and the Prosecutor’s Office is not given the legal opportunity to make the legality of such a decision subject to judicial review. The paper addressed the issues of prosecutorial supervision over the legality of punishments and other means of coercion, in the form of imprisonment, and the ways of solving these problems were considered”

Illegal privatisation of critical infrastructure facilities: Problematic aspects and ways to solve them

The relevance of the subject of study is due to the practical importance of protecting critical infrastructure facilities in the context of increasing potential threats from criminal encroachments associated with the illegal privatisation of such facilities. The purpose of the study is to analyse the current state of criminal legal protection of critical infrastructure from illegal privatisation, develop separate recommendations on the specifics of organising an investigation into the illegal privatisation of critical infrastructure objects, and provide proposals for improving the national system for protecting critical infrastructure from illegal privatisation. The methodological approach to the study was based on using a diagnostic method, by which privatisation is considered both as a social and legal phenomenon. Methods of analysis, dogmatic, formal-legal, modelling, comparative-legal are also used. The study provided for a comprehensive review and examination of the current state of regulatory regulation of the protection of critical infrastructure facilities from illegal privatisation in the criminal legal dimension. It is established that in Ukraine, it is insufficient and needs to be improved. Proposals on criteria for assigning critical infrastructure objects to privatisation processes, creating legal mechanisms for their alienation into private ownership and ensuring proper state control over their further functioning are substantiated. The study focuses on the specifics of starting a pre-trial investigation of the illegal privatisation of critical infrastructure facilities and organising a pre-trial investigation, considering the forensic classification of criminal offences committed during the privatisation process. It is proposed to supplement Article 233 of the Law of Ukraine on criminal liability with a separate qualification composition, which would establish criminal liability for the illegal privatisation of critical infrastructure facilities, providing for the commission of this socially dangerous act of punishment in the form of imprisonment. The results obtained are of practical importance in the development and substantiation of theoretical provisions, conclusions and recommendations for improving the national system for protecting critical infrastructure from criminal offences

HUKUM PENODAAN AGAMA PERSPEKTIF FIKIH, PERUNDANG-UNDANGAN INDONESIA, DAN HUKUM INTERNASIONAL

This research aims to determine the views of Islamic jurisprudence, Indonesian legislation, and international law regarding religious blasphemy law. This research is normative legal research with a comparative and statutory approach. The results of this research show that there are differences in sanctions for blasphemy between Islamic jurisprudence, Indonesian legislation and international law. Fiqh views that the law on blasphemy can lead someone to become an apostate because it endangers the religion and its followers. Indonesian legislation views the law on religious blasphemy depending on the existing offense with legal consequences, such as the death penalty, imprisonment, imprisonment, fines, imprisonment, and even the revocation of certain rights. In international law, such as in Israel and Malaysia, punishment is given in the form of imprisonment or a fine for blasphemy of any religion, in contrast to Pakistan which applies the death penalty for blasphemy against Islam

Corporate Crime in Smuggling Illegal Foreign Workers in Indonesia

Mobilization of workers between countries easily occurs in the era of globalization causing foreign workers (TKA) to enter Indonesia easily. The basic philosophy of using TKA is needed in the context of increasing investment, exports, transferring technology and transferring expertise to Indonesian Citizen Workers (TKI), as well as expanding employment opportunities. Therefore, in accordance with the Job Creation Law No.11 of 2020 the Employment Cluster in Article 45 paragraph (1) it is emphasized that in hiring foreign workers, employers are required to appoint migrant workers as companions for foreign workers and carry out training for technology transfer and skill transfer from foreign workers. to the TKI companion. The research method used in this study is a normative juridical approach. This approach method is carried out in order to be able to make changes or changes from various theories in the discipline of law through a scientific process. Normative juridical research is research conducted by examining library materials or primary legal materials. The research specification used in this research is descriptive analytical method by explaining, describing, and correlating legal regulations and theories with the problems that occur. The researcher will read and then organize every legal material collected. In this study, conclusions are drawn using the deductive method, namely drawing conclusions from a general problem to a specific one so that it becomes a reference for answering the problems in research relating to the categorization of foreign workers as foreign workers the application of illegal and sanctions against corporate crimes against companies that carry out smuggling of illegal foreign workers in Indonesia. The results of the study show that the category of illegal foreign workers are foreign nationals who enter and work in the territory of the Republic of Indonesia without following the migration regulations and the rules for using foreign workers in force in Indonesia and any company that is proven to have committed a corporate crime. smuggling of illegal foreign workers must be strictly processed by imposing criminal sanctions in the form of imprisonment, fines and revocation of company licenses.

The Social Prison: Ursula K. Le Guin’s The Dispossessed as Postanarchist Critical Utopia

ABSTRACT Ursula K. Le Guin’s classic work of anarchist literature, The Dispossessed (1974), is preoccupied with the issue of imprisonment. This is hardly surprising given anarchism’s longstanding critical engagement with the prison as state apparatus. For classical anarchists, the prison represents one of the most vile and visible examples of state repression. However, while the abolition of prisons constitutes one of the fundamental goals of anarchism, the alternatives put forth by classical anarchist thinkers risk perpetuating the underlying power relations of carceral justice by encouraging social shaming and the policing of norms. The anarchist society of The Dispossessed uses these techniques to discourage the accumulation of power in order to create an egalitarian society. Unfortunately, these same techniques encourage a conformity that hinders other anarchist values, such as creativity and individual self-determination. In essence, the anarchist society depicted in the novel replaces the literal prison with a different form of imprisonment—the social prison, which continues the repressive function of the state through different means. By creating an “ambiguous” anarchist utopia, Le Guin anticipates the critiques of classical anarchism formulated by poststructural and postmodern anarchist theorists. These critiques are most evident in the theme of imprisonment that threads throughout the novel.

О рациональном применении мер принуждения и средств исправления при исполнении лишения свободы

The article reveals the main difficulties arising in the implementation of the principle of rational use of coercive measures and means of correction in the process of execution of a sentence in the form of imprisonment in Russia. With the help of the analysis of the main provisions of the penal enforcement legislation, official statistics, court decisions and the works of penitentiary scientists, the author’s opinion on the issues of improving the norms of the law and optimizing law enforcement practice is formulated. It is proved that the effective implementation of the principle of rational use of coercive measures will be ensured by the legislative imputation of the duty of photo and video recording of the fact of violations committed by convicts to employees of places of deprivation of liberty. The conclusion is made about the redundancy of the legislative definition of «basic» in relation to the characteristics of the means of correction of convicts. Reasoned and justified the expediency of establishing an open list of means of correction of convicts.