THE PROHIBITION OF CONVICTS’ SUFFRAGE: SHOULD IT BE RESTICTED?
Journal: PENAL LAW
Volume 13 № 2
, 2018
Rubrics: LEGAL STATUS OF CONVICTED PERSONS
Authors:
1.
Moskovskiy gosudarstvennyy universitet imeni M. V. Lomonosova
Type:
Article
Pages:
from 174
to 178
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:
suffrage, sentenced to imprisonment, European Court of Human Rights, penal law
Abstract (English):
The article presents the issue of convicts’ political rights restriction. For the present one of the most topical issues of Russian penal law system is the prohibition of suffrage for the convicts. In accordance with Paragraph 2 of Article 37 of the Russian Constitution, persons are kept in detention facilities by a court verdict are deprived of the right to vote and to be elected. This issue is under discussion between jurists. The European Court of Human Rights has recognized the deprivation of suffrage for the convicts inconsistent with the Convention for the Protection of Human Rights and Fundamental Freedoms in the case of “Anchugov and Gladkov against Russia”, as well as in the case of “Isakov and others against Russia”. However, the Constitutional Court of the Russian Federation has recognized it impossible to fulfill the decision of the European Court in the case of “Anchugov and Gladkov against Russia” in terms of general measures involving changes in the legal system of the Russian Federation. Restriction of the convicts’ rights is possible only in order to complete objectives of the penal enforcement legislation. Restrictions of convicts in active electoral law consider qualitative and quantitative errors in accounting electoral activity, thereby making the opinion of the population of the Russian Federation incomplete.The system of punishments optimization within the suffrage of convicts is possible by transferring certain regimes of imprisonment to alternative types of punishment, although related to the restricted confinement of convicts, but without entailing restrictions on their voting rights. Russia should strive for ideals of democracy and justice, but due to the difficult political situation in the country, these changes can be negatively perceived by the population. Changes to optimize the system of criminal penalties by transferring individual regimes of serving imprisonment in alternative types of punishment are proposed.
The article presents the issue of convicts’ political rights restriction. For the present one of the most topical issues of Russian penal law system is the prohibition of suffrage for the convicts. In accordance with Paragraph 2 of Article 37 of the Russian Constitution, persons are kept in detention facilities by a court verdict are deprived of the right to vote and to be elected. This issue is under discussion between jurists. The European Court of Human Rights has recognized the deprivation of suffrage for the convicts inconsistent with the Convention for the Protection of Human Rights and Fundamental Freedoms in the case of “Anchugov and Gladkov against Russia”, as well as in the case of “Isakov and others against Russia”. However, the Constitutional Court of the Russian Federation has recognized it impossible to fulfill the decision of the European Court in the case of “Anchugov and Gladkov against Russia” in terms of general measures involving changes in the legal system of the Russian Federation. Restriction of the convicts’ rights is possible only in order to complete objectives of the penal enforcement legislation. Restrictions of convicts in active electoral law consider qualitative and quantitative errors in accounting electoral activity, thereby making the opinion of the population of the Russian Federation incomplete.The system of punishments optimization within the suffrage of convicts is possible by transferring certain regimes of imprisonment to alternative types of punishment, although related to the restricted confinement of convicts, but without entailing restrictions on their voting rights. Russia should strive for ideals of democracy and justice, but due to the difficult political situation in the country, these changes can be negatively perceived by the population. Changes to optimize the system of criminal penalties by transferring individual regimes of serving imprisonment in alternative types of punishment are proposed.
Keywords:
suffrage, sentenced to imprisonment, European Court of Human Rights, penal law
suffrage, sentenced to imprisonment, European Court of Human Rights, penal law
1. Terehova L. A. Novye i vnov' otkryvshiesya obstoyatel'stva v grazhdanskom i administrativnom sudoproizvodstve : monografiya. M., 2017. 144 c
2. Romanovskiy G. B. «Delo Anchugova i Gladkova» i resheniya Konstitucionnogo Suda RF, organov konstitucionnogo kontrolya zarubezhnyh stran // Lex russica. 2017. № 2. S. 135-146
3. Elinskiy A. V. Obschepravovye posledstviya ugolovnogo osuzhdeniya: konstitucionno dopustimye predely // Ugolovnoe pravo. 2011. № 6. S. 106-113
