ON SOME QUESTIONS OF IMPLEMENTATION OF THE CONCEPT DEVELOPMENT OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION UNTIL 2020
Journal: PENAL LAW
Volume 13 № 3
, 2018
Rubrics: PENAL POLICY
Authors:
1.
Moskovskiy gosudarstvennyy universitet imeni M. V. Lomonosova
Russian Federation
Russian Federation
Type:
Article
Pages:
from 294
to 298
Status:
Published
Received:
28.09.2018
Accepted:
28.09.2018
Published:
28.09.2018
Subject area:
UDK 343.82
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
penal system, crime, penalty, resocialization, decriminalization, criminalization
Abstract (English):
In the article some problems of implementation of the Concept of penal system development in the Russian Federation until 2020 are considered taking into account the historical aspect of the analysis of modern criminal and penal policy, as well as the current legislation. It is emphasized that in the issues under consideration the criminal and penal legislation are interrelated and cannot exist separately. At the same time the implementation of the Concept directly depends on the criminal law and its application. As the history of the development of the considered sphere of legal relations has shown, the strengthening of pu- nitive principles in combating crime aggravates the crime situation in the country, leads to social tension in society, which ultimately led to an objective need to find new, more humane and effective means of influencing crime and the perpetrators of crimes. Particular attention is paid to the problems of implementation of criminal punishment in the form of deprivation of liberty in terms of ensuring the correction of convicts and their re-socialization in the pro- cess of serving this sentence. The author considers such aspects as improving the efficien- cy of social and psychological work in places of deprivation of liberty and the development of a system of post-penitentiary assistance; overcrowding of places of deprivation of liberty; the deterioration of the criminogenic nature of persons sentenced to deprivation of liberty; the dominance of imprisonment as a form of punishment in the system of criminal penalties. In addition, in the article the author analyzes the latest changes in the Criminal code of the Russian Federation. In the sanctions of many crimes the lower limits of a particular type of punishment were removed; new penalties were introduced, sanctions which contain four or five kinds of punishment were increased; article 15 of the Criminal code of the Russian Feder- ation was changed, it introduced part 6 which gives the court the right to change the category of the crime to more lenient; the age of criminal responsibility was changed. It is concluded that the state policy in the field of humanization of criminal punishment is an objective and necessary process, but it involves overcoming of certain difficulties.
In the article some problems of implementation of the Concept of penal system development in the Russian Federation until 2020 are considered taking into account the historical aspect of the analysis of modern criminal and penal policy, as well as the current legislation. It is emphasized that in the issues under consideration the criminal and penal legislation are interrelated and cannot exist separately. At the same time the implementation of the Concept directly depends on the criminal law and its application. As the history of the development of the considered sphere of legal relations has shown, the strengthening of pu- nitive principles in combating crime aggravates the crime situation in the country, leads to social tension in society, which ultimately led to an objective need to find new, more humane and effective means of influencing crime and the perpetrators of crimes. Particular attention is paid to the problems of implementation of criminal punishment in the form of deprivation of liberty in terms of ensuring the correction of convicts and their re-socialization in the pro- cess of serving this sentence. The author considers such aspects as improving the efficien- cy of social and psychological work in places of deprivation of liberty and the development of a system of post-penitentiary assistance; overcrowding of places of deprivation of liberty; the deterioration of the criminogenic nature of persons sentenced to deprivation of liberty; the dominance of imprisonment as a form of punishment in the system of criminal penalties. In addition, in the article the author analyzes the latest changes in the Criminal code of the Russian Federation. In the sanctions of many crimes the lower limits of a particular type of punishment were removed; new penalties were introduced, sanctions which contain four or five kinds of punishment were increased; article 15 of the Criminal code of the Russian Feder- ation was changed, it introduced part 6 which gives the court the right to change the category of the crime to more lenient; the age of criminal responsibility was changed. It is concluded that the state policy in the field of humanization of criminal punishment is an objective and necessary process, but it involves overcoming of certain difficulties.
Keywords:
penal system, crime, penalty, resocialization, decriminalization, criminalization
penal system, crime, penalty, resocialization, decriminalization, criminalization
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