Russian Federation
UDK 34 Право. Юридические науки
Presents the analysis of scientific works of Nikolai Struchkov, a comparison of the theoretical problems of legal regulation of execution of criminal penalties, set forth in his works and modern theoretical and practical problems of penal law.N. А. Struchkov made a great contribution to the development of a General theory of punishment and execution of punishment, theoretical fundamentals of corrective-labour law. He consistently, throughout creative activities, research and argued the independence of the correctional labour law in the system of law with its own subject of legal regulation, characteristic methods of legal action and the system of legal acts.Professor N. A. Struchkov pods justified the need for the extension of the subject of correctional labor law in the sphere of legal regulation proposed to include not only the execution of sanctions related measures labor influence, but also controls the execution of all types of punishment.A. Struchkov pods theoretically substantiated most of the current principles of penal legislation: legality, humanism, differentiation and individualization of corrections, the connection of the punishment with penal effects. So, according to its concept, the contents of punishment is limited to punishment and corrective-labour influence accompanies him and lies beyond its content. Connecting educational elements as means of achieving the objectives of punishment, in his opinion, are dictated by the limited capabilities of correctional punishment, the necessity of forming the perpetrator of such a sense of justice which would not allow in the future to commit crimes. Labor effects plays a vital role in achieving the objectives of punishment, without entering into its contents. After all, the purpose of punishment - institute of criminal law, and labor impacts and Institute of corrective-labour law.Considerable attention in the works of N. A. Struchkov is paid to the problem of adaptation of persons released from places of imprisonment for life under normal conditions. The lack of such conditions for their adaptation, as the loss of families, housing, residence permit (in time); discrimination in employment, the influence of the criminal environment, etc. had and have today a great impact on repeat offending.Thus, the majority of theoretical problems, which were formulated N. A. Struchkov peppers are still relevant today, and in many ways, the founder of penal law N. A. Struchkov pods ahead of his time.
correctional labor law, the theoretical basis for the enforcement of criminal sanctions, administrative criminal law, principles of criminal-Executive legislation, labor impact, adaptation of the persons released from places of deprivation of liberty
1. Struchkov N. A. Sovetskoe ispravitel'no-trudovoe pravo. M., 1963. 224 s
2. Struchkov N. A. Sovetskaya ispravitel'no-trudovaya politika i ee rol' v bor'be prestupnost'yu. Saratov, 1970. 271 s
3. Struchkov N. A. Kurs sovetskogo ispravitel'no-trudovogo prava. Problemy Obschey chasti. M., 1984. 255 s
4. Struchkov N. A. Zona, priotkrytaya dlya kritiki // Kommunist. 1989. № 18. S. 26
5. Struchkov N. A. Nuzhna novaya koncepciya ispolneniya nakazaniya // Pravovye i organizacionnye osnovy ispolneniya ugolovnyh nakazaniy : sb. nauch. tr., posvyaschennyy pamyati izvestnogo sovetskogo uchenogo N. A. Struchkova. M., 1991
6. Struchkov N. A. Kurs ispravitel'no-trudovogo prava. M., 1984. 240 s
7. Struchkov N. A., Mihlin A. S., Shmarov I. V. Teoreticheskie problemy pravovogo regulirovaniya ispolneniya nakazaniya // Sov. gos-vo i pravo. 1988. № 4. S. 68
8. Struchkov N. A. Kurs ispravitel'no-trudovogo prava : problemy Osobennoy chasti. M., 1985. 255 s
