SOME PROBLEMS THAT ARISE WHEN APPLYING INCENTIVE MEASURES TO CONVICTS
Abstract and keywords
Abstract (English):
The article examines the problems related to the legal regulation of incentive measures and their application in penitentiary practice. The legal incentives existing in the Russian penal enforcement legislation, represented by incentive and a number of other norms, are not a fully integrated and consistent system. Only certain criteria for assessing the personality and behavior of a person sentenced to imprisonment are fixed, there is no systematization of them, there is no unified approach to their formulation, they are mainly evaluative (or too general. As a result of the conducted research, the author came to the conclusion that it is necessary to expand the list and disclose the content of the criteria for the correction of convicts in order to ensure their uniform interpretation by the law enforcement officer. This will make it possible to use the measure of encouragement in which the convict will be most interested and the application of which will help correctional officers achieve maximum correctional and educational impact.

Keywords:
incentive measures, convicts, educational and correctional impact, correction criteria
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References

1. Orlov, V. N. 2011, Criminal punishment: concept, goals, system, objects and subjects: monograph, Nauka, Moscow.

2. Orlov, V. N. & Eminov, V. E. (eds) 2018, Russian Penal Law: concepts in development: textbook, Justice, Moscow.

3. Gorban, D. V. 2016, ‘Problems of using the “social elevators” system and ways to solve them’, Koncept, iss. 10, viewed 22 February 2023, https://cyberleninka.ru/article/n/problemy- primeneniya-sistemy-sotsialnyh-liftov-i-puti-ih-resheniya.

4. Efremova, I. A. 2009, Penal enforcement law in questions and answers: a textbook, A. N. Varygin (ed.), 2nd edn, Publishing House of the Saratov State Academy of Law, Saratov.

5. Vishnevskaya, N. I. 2006, Correction of persons sentenced to imprisonment: issues of theory and practice (penal aspect). Lawyer, Chelyabinsk.

6. Malko, A.V. 2014, ‘Encouragement as a legal means’, Jurisprudence, iss. 3(214), p. 29.

7. Khojaliev, S. A. 2019, Theory and practice of restriction of freedom as a type of punishment: PhD thesis (Law), Grozny.

8. Gushchina, N. A. 2004, Encouragement in law: theoretical and legal research: PhD thesis (Law), St. Petersburg.

9. Kolbasova, E. V. 2017, Legal regulation of the execution of punishment in the form of restriction of freedom: PhD thesis (Law), Moscow.

10. Olkhovik, N. V. 2015, ‘Recidivism of those sentenced to restriction of liberty’, Bulletin of Tomsk State University, iss. 395, pp. 151–154.

11. Patlasov, O. Yu. & Begisheva, K. A. 2011, ‘The system of “social elevators” in the reform of the Russian penal system’, Omsk Scientific Bulletin, iss. 5(101), p. 68.


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