Punishment In Russia Research Articles

Правовое регулирование смертной казни: вчера, сегодня, завтра

This article highlights some aspects of the regulatory regulation of capital punishment in Russia in various historical periods. The authors draw attention to the transformation of public and state perception of this type of punishment. In addition, the authors identify the most significant normative acts regulating the death penalty, inherent in each specific historical epoch. The article draws special attention to the role of the Constitutional Court of the Russian Federation in modern conditions, as a body directly influencing the current state and prospects for the development of the death penalty.

PUNISHMENT BY DAMAGE TO A BODY PART IN THE RUSSIAN EMPIRE OF THE XVIII CENTURY

The purpose of the article is to study the process of gradual withering away of the institution of corporal punishment in Russia of the XVIII century, which began with the cessation of the most barbaric variety of them - punishment by injury to a part of the body. The author shows that the main factor in the abolition of the practice of applying punishments by injury to a body part in the Russian Empire of the XVIII century was the awareness by the state itself of their inefficiency. Punishments by damaging a part of the body caused harm to the state itself, which needed soldiers’ and workers’ hands. Also an important role was played by the spread of the ideas of humanism of the New Age in the XVIII century.

Theoretical, Legal and Organizational Foundations of Volunteer Activities in the Field of Social Adaptation of Individuals Sentenced to Non-Custodial Punishment in Russia

Introduction: the article investigates theoretical, legal and organizational foundations for participation of volunteers in the social adaptation of individuals convicted to non-custodial punishments. Aim: we review theoretical, legal and organizational foundations of the work of volunteers in the field of execution of sentences in Russia and foreign countries and show the prospects for their participation in the social adaptation of individuals convicted without isolation from society in our country. Methods: comparative legal, empirical methods of description, interpretation, theoretical methods of formal and dialectical logic, private scientific methods: legal-dogmatic and method of interpretation of legal norms. Results: in the life of those convicted to non-custodial punishments, volunteerism performs mobilization, regulatory, stimulating, communicative functions, as well as the functions of socialization and self-affirmation. Conclusions: we propose to supplement the list of activities in respect of which the federal executive authorities, executive authorities of constituent entities of the Russian Federation, and local government bodies approve the procedure for interaction between state and municipal institutions and volunteers, with one more type of activity such as assistance in the work of institutions and bodies executing sentences, participation in the reformation of convicts and their social adaptation. We substantiate the proposals on assigning the state authorities of the Russian Federation, constituent entities of the Russian Federation, and local government bodies the obligation to provide organizational, informational, methodological and other support to the subjects of voluntary (volunteer) activities that promote the work of institutions and bodies executing sentences, to take into account the voluntary (volunteer) activity of the convicted person when determining the degree of their reformation, recognition of the active participation of the person convicted to non-custodial punishment in voluntary (volunteer) activities as the basis for applying incentive measures to such convicts.

Foreign experience of penalization of economic crimes

The author focuses on the reforms of criminal legislation in Russia, which were aimed at the humanization of criminal responsibility, and aggravate the problem of peculiarities of economic crimes penalization. The creation of effective criminal and legal provisions aimed at the prevention of economic crimes is impossible based only on the study of national experience in this field. The latter requires a system analysis of the existing legal provisions aimed at the prevention of economic crimes in foreign legislation. The author studies criminal legislation of some foreign countries regarding the imposition of punishment for economic crimes. The authors offer ways to formalize punishment for criminal crimes in Russia. The authors arrive at the conclusion that particular provisions of the Criminal Code of Russia testify that penalization performed, unfortunately, is characterized by unsystematic character, groundlessness and mutual incoordination of punishment imposed for particular economic crimes. One of the ways of development of legal regulation of rules courts are guided by when imposing punishment, is the study of strengths and weaknesses of corresponding legal regulations in foreign countries. Based on the analysis of legal regulation and practice of imposition of punishment for economic crimes in foreign countries, the author articulates the position about the advisability of introducing a model of limited formalization of punishment in Russia. In this respect, the suggested formalized mechanism should be introduced gradually and holistically, and should be accompanied by critical interpretation of foreign experience.

Penal Colony as a Factor of Conventionality of Criminal Punishment in Russia

Penal Colony as a Factor of Conventionality of Criminal Punishment in Russia

Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin. By Jonathan Daly. Bloomsbury History of Modern Russia Series. Edited by Jonathan Smele and Michael Melancon.London: Bloomsbury Academic, 2018. Pp. xx+236. $88.00 (cloth); $26.95 (paper); $24.25 (e-book).

Previous articleNext article No AccessBook ReviewsCrime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin. By Jonathan Daly. Bloomsbury History of Modern Russia Series. Edited by Jonathan Smele and Michael Melancon.London: Bloomsbury Academic, 2018. Pp. xx+236. $88.00 (cloth); $26.95 (paper); $24.25 (e-book).Cathy A. FriersonCathy A. FriersonUniversity of New Hampshire Search for more articles by this author PDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Journal of Modern History Volume 92, Number 2June 2020 Article DOIhttps://doi.org/10.1086/708597 Views: 62Total views on this site For permission to reuse, please contact [email protected]PDF download Crossref reports no articles citing this article.

Daly, Jonathan, Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin

Book Review.

Love and Other Legacies in Soviet Crime and Punishment

Love and Other Legacies in Soviet Crime and Punishment Rhiannon Dowling (bio) Golfo Alexopoulos, Illness and Inhumanity in Stalin's Gulag. 328 pp. New Haven: Yale University Press, 2017. ISBN-13 978-0300179415. $65.00. Jonathan Daly, Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin. 258 pp. New York: Bloomsbury Academic, 2018. ISBN-13 978-1474224369. $88.00. Arsenii Formakov, Gulag Letters, ed. and trans. Emily D. Johnson. 304 pp. New Haven: Yale University Press, 2017. ISBN-13 978-0300209310. $85.00. Jeffrey S. Hardy, The Gulag after Stalin: Redefining Punishment in Khrushchev's Soviet Union, 1953–1964. 280 pp. Ithaca, NY: Cornell University Press, 2016. ISBN-13 978-1501702792. $45.00. Ever since I got into contact with you, I have been in a remarkably serene, tranquil, cheerful mood. I am more good-humored than I have ever been ... I pay absolutely no heed to all the surrounding trivialities and rubbish. Physically I now feel my condition is completely satisfactory: recently we had our latest quarterly medical inspection, and they found absolutely nothing wrong with my health (except for my heart, but whose heart is in good shape nowadays?) —Arsenii Formakov (1900–83) to his wife, 1 January 1945 (Gulag Letters, 87–88) Arsenii Formakov was most definitely lying. At least he was not telling the whole truth. When he finally got in touch with his wife, Anna, Formakov had been incarcerated for three and a half years. Most of this time he spent in the Kraslag labor camp in Krasnoiarsk krai, over 5,000 kilometers from where he [End Page 173] was arrested in his home of Daugavpils, Latvia. He was a prominent member of a community of Latvian Old Believers arrested for anti-Soviet activity after the Soviet army occupied and annexed Latvia in 1940. His correspondences with Anna and other close friends and family members from 1944–55 are translated and interpreted by Emily Johnson in the absorbing new volume Gulag Letters. In them, he boasted of the simple comforts he enjoyed in the camp, as well as the tremendous good fortune and privilege that insulated him from the horrors that Anna no doubt imagined he suffered as a forced laborer. He continued this way until his release in 1947. His actions, however, belied his cheerful words. When he was rearrested 19 months after release, he tried to commit suicide by slitting his wrists in his isolation cell. After his release from his second sentence in 1955 thanks to reforms that eliminated the most brutal camps and practices, his health never fully recovered, although he lived a long and full life. Both his religious faith and his relationship with Anna remained strong, and the two lived together until their deaths in 1983 and 1985 (9, 47, 89, 149, 261). Over half a century since the first stories from the Stalinist Gulag became available to readers worldwide, historians still disagree about how to comprehend this institution and how to use the testimonies of its victims. Memoir literature from writers like Aleksandr Solzhenitsyn, Evgeniia Ginzburg, Varlam Shalamov, and Gustaw Herling has made the most profound impressions on a wide range of readers, detailing depths of deprivation and inhumanity inflicted on prisoners by feckless guards, senseless regulations, and vicious fellow-prisoners.1 Since then, the fall of the Soviet Union has opened archives containing official records from the Soviet justice system and a flood of memoir literature has brought new survivors into the discussion.2 Historians have since drawn from both the official records and the testimonies of survivors to produce a more complex picture of the world of the Stalinist Gulag. In recent decades, [End Page 174] scholars like Oleg Khlevniuk, Galina Ivanova, and Anne Applebaum have used a variety of official documents and survivor literature to develop a broad overview of the Gulag system's functioning. They all emphasized the repressive and economic functions of the institution, portraying the Gulag as an integral part of Stalin's regime of societal control and echoing insights that Solzhenitsyn offered in his Gulag Archipelago.3 The picture of oppressive centralized control has been complicated by studies like those of Alan Barenberg and Steven...

J. Daly, Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin

J. Daly, <i>Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin</i>

Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin, by Jonathan Daly

Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin, by Jonathan Daly

Jonathan Daly. Crime and Punishment in Russia. A Comparative History from Peter the Great to Vladimir Putin. [The Bloomsbury History of Modern Russia Series.] Bloomsbury Publishing, London, New York2018. xx, 236 pp. £19.99 (paperback), £11.87 (E-book).

Jonathan Daly. Crime and Punishment in Russia. A Comparative History from Peter the Great to Vladimir Putin. [The Bloomsbury History of Modern Russia Series.] Bloomsbury Publishing, London, New York2018. xx, 236 pp. £19.99 (paperback), £11.87 (E-book).

Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin by Jonathan Daly

Reviewed by: Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin by Jonathan Daly Curtis Richardson (bio) Jonathan Daly, Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin (London and New York: Bloomsbury Academic, 2018). 236 pp., ills. Works Cited. Index. ISBN: 978-1-4742-2435-2. Jonathan Daly's Crime and Punishment in Russia is a welcome addition to the literature on the history of criminal justice in Russia. The monograph is part of The Bloomsbury History of Modern Russia Series, which promotes short, accessible studies on major themes of Russian history, for an audience including not only scholars and experts but also students. This book thus represents a synthesis of much of the author's earlier work and the broader literature in the field. The book is organized chronologically into seven chapters with an introduction and conclusion; a useful nine-page chronology of important events connected to Russian history and criminal justice precedes the introduction. The introduction is a brief survey of the pre-Petrine seventeenth century with a discussion of the legal code or Ulozhenie of 1649, the prominence of inquisitorial procedure and of customary law. Chapter 1 covers the eighteenth century and the role of Westernization introduced by Peter the Great and most of his successors, with the copying of Western institutions in criminal justice. Yet the continued significance of administrative measures and personal authority limited their effectiveness, and Elizabeth's and Catherine's reforms limited applications of corporal and capital punishment. In chapter 2, Daly notes the expansion of limitations on capital punishment and the significance of the codification of Russia's laws, in addition to some application of fairness to the criminal justice system under Nicholas I. Chapter 3 is dominated by the Great Reforms and the first part of the revolutionary era. Daly cites a genuine effort toward establishing the rule of law with the Judicial Reform, but this was partially undermined by terrorist attacks that led to a major reaction. The 1905 Revolution led to expanded rights, and the March Revolution saw the end of most of the repressive apparatus. Chapter 4 focuses on the era of Lenin, during which the Bolsheviks renounced the rule of law and used "revolutionary consciousness as the foundation of the criminal justice system under a political dictatorship. Yet the Bolsheviks had a dualism found in new laws endorsing social liberalization, for example, concerning marriage and nonpolitical crimes. In chapter 5, Daly asserts that "Stalin … engineered a radical break toward almost complete lawlessness" (P. 7). [End Page 336] The criminal justice system became a tool for regime rule and the leader's power. In chapter 6, the author highlights a more rational and predictable criminal justice system during the last four decades of the Soviet era. The state even offered a modicum of due process. In chapter 7, Daly analyzes the post-Soviet era with its major liberalization of the system, but a growing crime wave and the rise of Vladimir Putin led to a criminal justice system that was less arbitrary and strict but also less fair. In the very first sentence Daly asserts that, contrary to a common view that the various Russian governments failed to modernize and the country was simply backward, Russia "developed as one of the most successful states in human history" (P. x). He does note, however, the many contradictions over the past three centuries of efforts to build a law-based society and the adoption of numerous practices for humaneness, but with a ubiquity of despotism, arbitrariness, corruption, and the lack of such a law-based society. To analyze these contradictions and to seek to discern the continuities in these problems in contemporary Russia, Daly poses a series of questions in the preface, two of the most critical of which are: "How can one explain historically both the striking harshness and humanity of Russia's criminal justice system over the past three centuries? In general, does one find clues in specific historical developments in the evolution of criminal justice in Russia to understanding the domestic and geopolitical successes of the Stalin and Putin regimes?" (P. x). To answer...

Human rights in patient care: drug treatment and punishment in Russia

An inherent feature of drug control in many countries has been an excessive emphasis on punitive measures at the expense of public health. At its most extreme, this approach has reduced health services for people who use drugs to an extension of the drug control system. In these environments, health services are punitive rather than supportive for people who use drugs, especially those who are drug dependent.In Russia, the government’s official policy towards drug use is one of “social intolerance,” which seeks to legitimize and encourage societal ill treatment of people who use drugs. In practice, this policy has materialized as widespread and systematic human rights violations of people who use drugs, including by subjecting them to unscientific and ideologically driven methods of drug prevention and treatment and denying them access to essential medicines and services. While such human rights violations are well-documented, there have been no attempts to date to consider the consequences of this approach through the lens of human rights in patient care. This concept brings together the rights of both patients and providers and interrogates the role of the state on the relationship between two core groups: drug-dependent people and drug treatment doctors or “narcologists” in Russia.In this article, we apply the concept of human rights in patient care to consider the narcologist’s role in punitive drug policy and human rights violations against people who use drugs and to analyze how punitive drug policy manifests as human rights violations against narcologists themselves, who lose their professional independence and their ability to work according to professional standards and ethical norms. We conclude that both people who use drugs and narcologists suffer from punitive drug policy and should unite their efforts to ensure drug policy does not undermine patients’ health and human rights.

The Influence of the Revolutionary Changes on Crime and Punishment in Russia

The Influence of the Revolutionary Changes on Crime and Punishment in Russia

Crime and punishment in Russia – an introduction

Established more than 40 years ago, the International Journal of Comparative and Applied Criminal Justice (IJCACJ) has been a leading voice and a source for bringing together research contributions...

Evolution of the Purposes of Punishment in Criminal Law of Russia and Canada

Review. The article analyses contemporary theories of punishment in criminal law of Russia and Canada. The criminal law doctrine of Russia distinguishes the following theories of punishment: a) absolute theory; b) relative theory; c) mixed theory; The criminal law doctrine of Canada distinguishes: a) retributive theory; b) utilitarian theory; c) theory of restorative justice. By means of comparative analysis the article reveals similarities and differences of punishment theories in Canada and Russia. The author analyses the Canadian theory of restorative justice that has been implemented in the theory and law-enforcement practice in the RF. Subject to the provisions of the criminal law doctrine statutory objectives in the Russian Federation can be classified as: retributive, i.e. restoring social justice; utilitarian, i.e. rehabilitating the convicts and preventing new crimes. Analyzing the Canadian legislation the author points out at the fact that the retributive objective means condemnation of illegal actions and causing harm to a victim of a crime or to the society as a result of committing a crime; the utilitarian objective means deterring a criminal and other persons from committing crimes; providing convicts with assistance; isolating criminals from the society, if necessary; the restorative objective involves enforcing recovery of damage caused to victims or the society; fostering in criminals the sense of responsibility and awareness of damage caused to victims and society. Having analyzed the provisions of the Criminal Code of Russia and of the Criminal Code of Canada, the author draws the conclusion with regard to the unity and interaction of purposes of punishment in Russia and the existence of both general and additional purposes of punishment in the criminal legislation of Canada. The author determines that the list of additional purposes of punishment in Canada allows the court in Canada to differentiate and individualize criminal punishment.

Death Penalty: the Rationale for Maintaining

Review. The article discusses the issues of the death penalty as a form of criminal punishment. The author examines the rationale of its maintaining in the criminal legislation of Russia. It is stated that the Constitution of the Russian Federation provides for the possibility of establishing the death penalty and the legislature determines the conditions and procedure for the application of this penalty, i.e. recognizes the legitimacy of this institution. In this connection, the article is subjected to critical analysis of the position of the Constitutional Court of the Russian Federation about the impossibility of the use of the death penalty in Russia today. Through the prism of a historical analysis of this kind of sentence and the modern practice of its application (or non-application) in different countries of the world it is stated whether there is a possibility, the need and rationale for the use of the death penalty in combating crime in Russia. As a result, the author concludes that the death penalty as a form of criminal punishment in Russia must be applied, at least for the most egregious and high-profile cases of murders (especially those that involve crimes of terrorist focus).

War, Memory, and Punishment in Russia: Two Heldt Prize Winners

Judith Pallot and Laura Piacentini, with the assistance of Dominique Moran, Gender, Geography, and Punishment: The Experience of Women in Carceral Russia, Oxford: Oxford University Press, 2012, 290 pp., $99.00 (hb), ISBN 978-0-19965-861-9. Karen Petrone, The Great War in Russian Memory, Bloomington: Indiana University Press, 2011, 385 pp., $39.95 (hb), ISBN 978-0-25335-617-8.

Crime in Contemporary Russia

Like other sciences, criminology is international and global. But it is well known that for many decades Russian criminology was isolated from scholarship in other countries and under rigorous political and ideological control. However, during the 1960s a ‘parallel’ theoretical and empirical criminology evolved in the former Soviet Union without party or state approval. This parallel tradition both accumulated empirical data and advanced a theoretical perspective which, in contrast with Soviet ideology, saw crime as a social phenomenon influenced by factors such as inequality, intergroup conflicts, strain arising from blocked opportunities, living conditions, and so on. This tradition emerged from underground only at the end of the 1980s and the beginning of the 1990s when, thanks to Gorbachev’s Perestroika[rebuilding, reconstruction], Russian scholars gained the freedom to teach, to carry out research and to foster professional contacts with foreign colleagues. Emerging from the ‘parallel tradition’, this article summarizes facts about contemporary Russian society that constitute the essential framework for understanding the crime situation. It discusses crime trends, organized crime, drug abuse and corruption. Finally it provides some basic information about social control and punishment in Russia.

Crime and punishment in Russia and the United States: 1990–19981

Since the collapse of the Soviet Union in 1991, dramatic sociopolitical changes have affected the ability of the Russian criminal justice system to effectively process violent crimes. This paper compares the police and court processing of selected violent crimes in Russia and the United States during the period 1990–1998. Using data from the Russian Ministry of Internal Affairs and the U.S. Bureau of Justice Statistics, we examine the disposition of homicide, rape, robbery, and aggravated assault (i.e., serious bodily injury) cases in both countries during this period. Our findings indicate that while arrests and rates of homicide, robbery and aggravated assault decreased in the U.S. during this period, they increased in Russia. On the other hand, rape rates and arrests decreased in both countries during this period. Conviction rates as well as the percentage of defendants sentenced to prison in Russia were both higher than in the U.S. for each of the offenses studied during this period. We discuss implications of the findings and suggest additional research.