PENALTY IN THE FORM OF DEPRIVATION OF LIBERTY WITHIN THE CONTEXT OF PENAL LAW AND PENITENTIARY PRACTICE
Journal: PENAL LAW
Volume 13 № 2
, 2018
Authors:
1.
Rossiyskiy gosudarstvennyy pedagogicheskiy universitet imeni A. I. Gercena, g. Sankt-Peterburg
Type:
Article
Pages:
from 152
to 159
Status:
Published
Received:
28.06.2018
Accepted:
28.06.2018
Published:
28.06.2018
Subject area:
UDK 343.8
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
punishment, penalty, deprivation of liberty, correction, prevention
Abstract (English):
The penalty in the form of deprivation of liberty is the most universal and effective means of preventing crimes in comparison with other types of criminal penalties. The social aim of deprivation of liberty reflects the goals set by the society and the law.Deprivation of liberty is one of the central elements of the penitentiary system which performs preventive and socializing functions. As the most severe punishment it leads to restriction and temporary suspension of a number of fundamental rights of the individual which is provided by the purposes of punishment. Restriction of rights and freedoms in connection with deprivation of liberty is forced, since without it it is impossible to use the means of corrective action and punishment.The execution of deprivation of liberty is a complex punitive process which includes a set of legal and organizational institutions, forms, means, ways to ensure the isolation of convicts from the outside world and related restrictive measures, coercive measures, security and corrective measures.The legislator does not give a clear definition of correction degree of convicts, does not make their gradation and does not speak about the ways of their application while determining convicts’ treatability. The situation presents a serious gap in the legislation. The degree of convicts’ correction in ascending order should be confirmed and captured in legislation and the requirements for each of them should be formulated, and the procedure for their determination should be fixed.The Penal code of the Russian Federation contains the system of progressive elements of serving a sentence which includes changing conditions of serving a sentence, replacing a sentence with a more lenient sentence, and parole. The promotion in the progressive system of serving sentences should correspond to certain degrees of correction. According to the degree of correction, the grounds for changing the conditions of serving a sentence and for parole should be determined. Modern penal legislation has abandoned this idea, although it has fixed some requirements in separate norms.
The penalty in the form of deprivation of liberty is the most universal and effective means of preventing crimes in comparison with other types of criminal penalties. The social aim of deprivation of liberty reflects the goals set by the society and the law.Deprivation of liberty is one of the central elements of the penitentiary system which performs preventive and socializing functions. As the most severe punishment it leads to restriction and temporary suspension of a number of fundamental rights of the individual which is provided by the purposes of punishment. Restriction of rights and freedoms in connection with deprivation of liberty is forced, since without it it is impossible to use the means of corrective action and punishment.The execution of deprivation of liberty is a complex punitive process which includes a set of legal and organizational institutions, forms, means, ways to ensure the isolation of convicts from the outside world and related restrictive measures, coercive measures, security and corrective measures.The legislator does not give a clear definition of correction degree of convicts, does not make their gradation and does not speak about the ways of their application while determining convicts’ treatability. The situation presents a serious gap in the legislation. The degree of convicts’ correction in ascending order should be confirmed and captured in legislation and the requirements for each of them should be formulated, and the procedure for their determination should be fixed.The Penal code of the Russian Federation contains the system of progressive elements of serving a sentence which includes changing conditions of serving a sentence, replacing a sentence with a more lenient sentence, and parole. The promotion in the progressive system of serving sentences should correspond to certain degrees of correction. According to the degree of correction, the grounds for changing the conditions of serving a sentence and for parole should be determined. Modern penal legislation has abandoned this idea, although it has fixed some requirements in separate norms.
Keywords:
punishment, penalty, deprivation of liberty, correction, prevention
punishment, penalty, deprivation of liberty, correction, prevention
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3. Dyurkgeym E. Norma i patologiya // Sociologiya prestupnosti (sovremennye burzhuaznye teorii. M., 1996. S. 33-49
