CUSTODIAL SANCTION IN THE CONTEXT OF THE PENAL LAW AND PENITENTIARY PRACTICE
Journal: PENAL LAW
Volume 12 № 4
, 2017
Authors:
1.
Rossiyskiy gosudarstvennyy pedagogicheskiy universitet imeni A. I. Gercena, g. Sankt-Peterburg
Type:
Article
Pages:
from 422
to 428
Status:
Published
Received:
19.12.2017
Accepted:
19.12.2017
Published:
19.12.2017
Subject area:
UDK 343.8
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
punishment, penalty, imprisonment, correction, prevention
Abstract (English):
Punishment in the form of imprisonment is a universal and most effective remedy of prevention of crimes in comparison with other types of criminal penalties. The social orientation of imprisonment reflects those purposes which are set before it by society and fixes the law.Imprisonment acts as one of the central elements of the penal system performing preventive and sotsializatorsky functions. It as the most severe punishment, involves restriction and temporary stay of a number of basic rights of the personality that follows from the punishment purposes. Restriction of the rights and freedoms in connection with imprisonment has the compelled character as without him application of correction facilities and the punishment is impossible.Execution of imprisonment represents difficult criminal and executive process (retaliatory and executive process) including a complex of legal and organizational institutes, forms, means, the ways providing isolation of convicts from the outside world, and accompanying it right restrictions, coercive measures, safety and measures of corrective influence.The legislator doesn’t give accurate definition to extent of correction of convicts, doesn’t carry out their gradation and doesn’t speak about an order of their application when determining recoverability of convicts. The situation is a serious gap in the legislation. It is necessary to fix legislatively extents of correction of convicts as their increase and to formulate requirements imposed to each of them and to fix an order of their definition.The Penal Code of the Russian Federation contains the system of progressive elements of serving sentence which includes change of conditions of serving sentence, replacement of punishment to softer, parole. To advance on a ladder of progressive system of serving sentence there have to correspond certain extents of correction. According to extent of correction it is necessary to define the bases of change of conditions of serving sentence and early release from him. The modern criminal and executive legislation has refused this idea though it has recorded some requirements in separate norms.
Punishment in the form of imprisonment is a universal and most effective remedy of prevention of crimes in comparison with other types of criminal penalties. The social orientation of imprisonment reflects those purposes which are set before it by society and fixes the law.Imprisonment acts as one of the central elements of the penal system performing preventive and sotsializatorsky functions. It as the most severe punishment, involves restriction and temporary stay of a number of basic rights of the personality that follows from the punishment purposes. Restriction of the rights and freedoms in connection with imprisonment has the compelled character as without him application of correction facilities and the punishment is impossible.Execution of imprisonment represents difficult criminal and executive process (retaliatory and executive process) including a complex of legal and organizational institutes, forms, means, the ways providing isolation of convicts from the outside world, and accompanying it right restrictions, coercive measures, safety and measures of corrective influence.The legislator doesn’t give accurate definition to extent of correction of convicts, doesn’t carry out their gradation and doesn’t speak about an order of their application when determining recoverability of convicts. The situation is a serious gap in the legislation. It is necessary to fix legislatively extents of correction of convicts as their increase and to formulate requirements imposed to each of them and to fix an order of their definition.The Penal Code of the Russian Federation contains the system of progressive elements of serving sentence which includes change of conditions of serving sentence, replacement of punishment to softer, parole. To advance on a ladder of progressive system of serving sentence there have to correspond certain extents of correction. According to extent of correction it is necessary to define the bases of change of conditions of serving sentence and early release from him. The modern criminal and executive legislation has refused this idea though it has recorded some requirements in separate norms.
Keywords:
punishment, penalty, imprisonment, correction, prevention
punishment, penalty, imprisonment, correction, prevention
1. Dostoevskiy, F. M. Zapiski iz Mertvogo doma [Tekst] / F. M. Dostoevskiy. - M., - 1984. - 480 s
2. Dyurkgeym, E. Norma i patologiya [Tekst] / E. Dyurkgeym // Sociologiya prestupnosti (Sovremennye burzhuaznye teorii). - M., 1996. - S. 33-49
3. Shmarov, I. V. Effektivnost' ugolovnogo nakazaniya [Tekst] / I. V. Shmarov // Sovetskoe gosudarstvo i pravo. - 1963. - № 6. - S. 53-68
