Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.035-041
Sergej Averkin, Elena Vladimirovna Kunts
Correction of convicts is essentially one of the main components of the application of certain norms of penal enforcement legislation, and is especially important for determining the degree of correction of a convicted person. Correction of convicts is primarily the end result of criminal punishment. A special place in the correction of those sentenced to imprisonment is given to educational work with them. The increase in the proportion of those sentenced to imprisonment among all those convicted of committing crimes on the territory of the Russian Federation confirms the relevance and timeliness of consideration of this problem. Based on the results of the study, conclusions are formulated that the correction of a convicted person directly indicates the state of the penitentiary system in the state, since only an effectively functioning system of execution of criminal penalties, built on democratic principles of respect for human and civil rights and freedoms, is able to ensure the achievement of the result of correction.
{"title":"Problems of educational work with prisoners sentenced to imprisonment","authors":"Sergej Averkin, Elena Vladimirovna Kunts","doi":"10.33463/2687-122x.2023.18(1-4).1.035-041","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.035-041","url":null,"abstract":"Correction of convicts is essentially one of the main components of the application of certain norms of penal enforcement legislation, and is especially important for determining the degree of correction of a convicted person. Correction of convicts is primarily the end result of criminal punishment. A special place in the correction of those sentenced to imprisonment is given to educational work with them. The increase in the proportion of those sentenced to imprisonment among all those convicted of committing crimes on the territory of the Russian Federation confirms the relevance and timeliness of consideration of this problem. Based on the results of the study, conclusions are formulated that the correction of a convicted person directly indicates the state of the penitentiary system in the state, since only an effectively functioning system of execution of criminal penalties, built on democratic principles of respect for human and civil rights and freedoms, is able to ensure the achievement of the result of correction.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136059920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.132-138
Natal’ya Maloletkina
On January 3, 2023, the Department of State and Legal Disciplines of the Samara Law Institute of the Federal Penitentiary Service of Russia together with the Departments of Criminal and Penal Enforcement Law, Regime and Protection in the Penal System of the Samara Law Institute of the Federal Penitentiary Service of Russia held an international scientific and practical conference «Problems of legal regulation of the use of various types of punishments: criminal law, Criminological and Criminal-executive aspects». A feature of the scientific event was a wide list of discussed theoretical and applied intersectoral problems arising in the application of various types of punishments in the Russian Federation within the framework of criminal law, criminological and penal aspects.
{"title":"International Scientific and Practical Conference «Problems of legal regulation of applicationvarious types of punishments: criminal law, criminologicaland penal aspects» (Samara Law Institute Federal Penitentiary Service of Russia, January 13, 2023)","authors":"Natal’ya Maloletkina","doi":"10.33463/2687-122x.2023.18(1-4).1.132-138","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.132-138","url":null,"abstract":"On January 3, 2023, the Department of State and Legal Disciplines of the Samara Law Institute of the Federal Penitentiary Service of Russia together with the Departments of Criminal and Penal Enforcement Law, Regime and Protection in the Penal System of the Samara Law Institute of the Federal Penitentiary Service of Russia held an international scientific and practical conference «Problems of legal regulation of the use of various types of punishments: criminal law, Criminological and Criminal-executive aspects». A feature of the scientific event was a wide list of discussed theoretical and applied intersectoral problems arising in the application of various types of punishments in the Russian Federation within the framework of criminal law, criminological and penal aspects.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.060-074
Yuliya Golovastova, Tat’jana Vidova, Julija Mitjaeva
The article discusses the peculiarities of the application of Russian penal enforcement legislation in relation to a special specific category of convicts - foreign citizens. In the course of the research, general and special methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. Attention is drawn to the development of the penal status of foreign citizens since the XVII century. The paper notes that the process of execution of criminal penalties with the participation of foreign persons has peculiar features. The authors come to the conclusion that the need to improve the legal regulation of the penal enforcement status of convicted foreign citizens makes it possible to propose the introduction of an additional measure of punishment in relation to the category of convicts under study - the criminal expulsion of foreign citizens from the Russian Federation.
{"title":"Legal status of foreign citizens in the execution of criminal penalties: history, current state, development prospects","authors":"Yuliya Golovastova, Tat’jana Vidova, Julija Mitjaeva","doi":"10.33463/2687-122x.2023.18(1-4).1.060-074","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.060-074","url":null,"abstract":"The article discusses the peculiarities of the application of Russian penal enforcement legislation in relation to a special specific category of convicts - foreign citizens. In the course of the research, general and special methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. Attention is drawn to the development of the penal status of foreign citizens since the XVII century. The paper notes that the process of execution of criminal penalties with the participation of foreign persons has peculiar features. The authors come to the conclusion that the need to improve the legal regulation of the penal enforcement status of convicted foreign citizens makes it possible to propose the introduction of an additional measure of punishment in relation to the category of convicts under study - the criminal expulsion of foreign citizens from the Russian Federation.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.119-121
Sergey Ivancov
The review of the manuscript of the bibliographic reference book focuses on some of its features: the presence of a brief description of numerous international and other conferences and other scientific and practical events with the participation of colleagues from Russia, Kazakhstan and other countries (especially conducted by the Department of Penal Enforcement Law of the Academy of the Federal Penitentiary Service of Russia), annotations, table of contents and a list of authors of some monographs and educational materials manuals, texts of agreements on scientific cooperation between educational organizations, etc. Giving a positive assessment of the work of the author’s team and recommending the publication of this manuscript, the reviewer pointed out that in the following editions of the bibliographic reference book, it is possible to further expand the geography of coverage of the activities of other universities, in particular the Ministry of Internal Affairs of Russia.
{"title":"Review of the manuscript of the bibliographic reference book “Russia–Kazakhstan: some aspects of scientific cooperation in the specialty 12.00.08 (2016-2021)» (author’s team: N. S. Maloletkina, A. P. Skiba, Z. S. Tokubaev)","authors":"Sergey Ivancov","doi":"10.33463/2687-122x.2023.18(1-4).1.119-121","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.119-121","url":null,"abstract":"The review of the manuscript of the bibliographic reference book focuses on some of its features: the presence of a brief description of numerous international and other conferences and other scientific and practical events with the participation of colleagues from Russia, Kazakhstan and other countries (especially conducted by the Department of Penal Enforcement Law of the Academy of the Federal Penitentiary Service of Russia), annotations, table of contents and a list of authors of some monographs and educational materials manuals, texts of agreements on scientific cooperation between educational organizations, etc. Giving a positive assessment of the work of the author’s team and recommending the publication of this manuscript, the reviewer pointed out that in the following editions of the bibliographic reference book, it is possible to further expand the geography of coverage of the activities of other universities, in particular the Ministry of Internal Affairs of Russia.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.139-159
Fedor Vladimirovich Grushin, Zayrula Tokubaev
About some modern trends in the development of penal enforcement law
试论现代刑事执法法律发展的一些趋势
{"title":"About some modern trends in the development of penal enforcement law: an interview with a professor of the Department of Penal Enforcement Law Academy of the Federal Penitentiary Service of Russia A. P. Skiboy","authors":"Fedor Vladimirovich Grushin, Zayrula Tokubaev","doi":"10.33463/2687-122x.2023.18(1-4).1.139-159","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.139-159","url":null,"abstract":"About some modern trends in the development of penal enforcement law","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.010-023
Aleksey Rodionov, Andrey Skiba, Mihail Voronin
Based on the study of penal enforcement and other legislation, scientific literature, as well as the practice of execution of punishments in Russia and abroad, the article formulates a number of directions for the development of public-private partnership in the penitentiary sphere. Particular emphasis is placed on the «denationalization» of the organization of the execution of punishments, including taking into account its economic efficiency, the expediency of achieving the correction of convicts mainly through their involvement in labor and social impact, resuscitation of exile as a type of punishment. It is proposed to develop a concept of interaction of the penal enforcement system with the business community, public and other non-governmental organizations.
{"title":"Public-private partnership in the penitentiary sphere: some directions of development","authors":"Aleksey Rodionov, Andrey Skiba, Mihail Voronin","doi":"10.33463/2687-122x.2023.18(1-4).1.010-023","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.010-023","url":null,"abstract":"Based on the study of penal enforcement and other legislation, scientific literature, as well as the practice of execution of punishments in Russia and abroad, the article formulates a number of directions for the development of public-private partnership in the penitentiary sphere. Particular emphasis is placed on the «denationalization» of the organization of the execution of punishments, including taking into account its economic efficiency, the expediency of achieving the correction of convicts mainly through their involvement in labor and social impact, resuscitation of exile as a type of punishment. It is proposed to develop a concept of interaction of the penal enforcement system with the business community, public and other non-governmental organizations.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136059903","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.089-096
Elina Dikaeva
The article investigates the procedural procedure for considering the convicted person’s petition for parole, the process of proving that the convicted person does not need to fully serve the sentence imposed by the court. It is substantiated that the existing procedure for proceedings on parole in the absence of a convicted person contradicts the provisions of article 247 of the Criminal Procedure Code of the Russian Federation, which establishes that the trial must be conducted with the mandatory participation of the defendant. In the absence of the defendant, the trial is allowed for crimes of small and medium gravity, if the defendant requests it, as well as in exceptional cases in cases of serious and especially serious crimes, if the convicted person is outside of Russia and (or) evades court appearance. In addition, by holding a court session without the participation of the convicted person, the court cannot evaluate the evidence presented for their admissibility and reliability, as well as decide what additional duties should be assigned to the convicted person.
{"title":"Judicial practice of proceedings on cases of conditional early release from punishment in the absence of a convicted person","authors":"Elina Dikaeva","doi":"10.33463/2687-122x.2023.18(1-4).1.089-096","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.089-096","url":null,"abstract":"The article investigates the procedural procedure for considering the convicted person’s petition for parole, the process of proving that the convicted person does not need to fully serve the sentence imposed by the court. It is substantiated that the existing procedure for proceedings on parole in the absence of a convicted person contradicts the provisions of article 247 of the Criminal Procedure Code of the Russian Federation, which establishes that the trial must be conducted with the mandatory participation of the defendant. In the absence of the defendant, the trial is allowed for crimes of small and medium gravity, if the defendant requests it, as well as in exceptional cases in cases of serious and especially serious crimes, if the convicted person is outside of Russia and (or) evades court appearance. In addition, by holding a court session without the participation of the convicted person, the court cannot evaluate the evidence presented for their admissibility and reliability, as well as decide what additional duties should be assigned to the convicted person.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.33463/2687-122x.2023.18(1-4).1.024-034
Nadezhda Krajnova
The article discusses some issues of the implementation of criminal policy in the field of resocialization of convicts in the Russian Federation. Based on the analysis of statistical information, the content of normative legal acts, various points of view presented in criminal law and criminological doctrinal sources, the author formulates his vision in the field under consideration, offers a definition of the resocialization of convicts. It is proposed to include not only convicts in the sphere of re-socialization processes, but also persons who have suffered from crimes and need help and support. The article also examines the positive foreign experience, formulates proposals for its implementation in Russian legislative and law enforcement practice. Attention is drawn to the fact that foreign experience should be used critically, focusing primarily on national historical features.
{"title":"Some aspects of the implementation of criminal policy in the field of re-socialization in the Russian Federation","authors":"Nadezhda Krajnova","doi":"10.33463/2687-122x.2023.18(1-4).1.024-034","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.024-034","url":null,"abstract":"The article discusses some issues of the implementation of criminal policy in the field of resocialization of convicts in the Russian Federation. Based on the analysis of statistical information, the content of normative legal acts, various points of view presented in criminal law and criminological doctrinal sources, the author formulates his vision in the field under consideration, offers a definition of the resocialization of convicts. It is proposed to include not only convicts in the sphere of re-socialization processes, but also persons who have suffered from crimes and need help and support. The article also examines the positive foreign experience, formulates proposals for its implementation in Russian legislative and law enforcement practice. Attention is drawn to the fact that foreign experience should be used critically, focusing primarily on national historical features.","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061719","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On March 10, 2023, the All-Russian Scientific and Practical Conference “Introduction of Probation in the Russian Federation: Interaction of state bodies and public organizations” was held on the basis of the Main Directorate of the Ministry of Justice of the Russian Federation in St. Petersburg and the Leningrad Region. It was dedicated to the Federal Law «On Probation in the Russian Federation», adopted on February 6, 2023. The Academy of the Federal Penitentiary Service of Russia and the St. Petersburg Theological Academy also co-organized this event. A feature of the event was a wide range of analyzed law enforcement, legal and theoretical problems that already take place depending on the specifics of various regions of our country, and will also arise in the near future in the interaction of state bodies and public organizations in the context of the use of all types of probation (penitentiary, executive and post-penitentiary).
{"title":"All-Russian Scientific and Practical Conference “Introduction of probation in the Russian Federation: interaction of state bodies and public organizations” (March 10, 2023)","authors":"Andrey Petrovich Skiba, Oleg Aleksandrovich Skomoroh, Sergej Feoktistov","doi":"10.33463/2687-122x.2023.18(1-4).1.122-131","DOIUrl":"https://doi.org/10.33463/2687-122x.2023.18(1-4).1.122-131","url":null,"abstract":"On March 10, 2023, the All-Russian Scientific and Practical Conference “Introduction of Probation in the Russian Federation: Interaction of state bodies and public organizations” was held on the basis of the Main Directorate of the Ministry of Justice of the Russian Federation in St. Petersburg and the Leningrad Region. It was dedicated to the Federal Law «On Probation in the Russian Federation», adopted on February 6, 2023. The Academy of the Federal Penitentiary Service of Russia and the St. Petersburg Theological Academy also co-organized this event. A feature of the event was a wide range of analyzed law enforcement, legal and theoretical problems that already take place depending on the specifics of various regions of our country, and will also arise in the near future in the interaction of state bodies and public organizations in the context of the use of all types of probation (penitentiary, executive and post-penitentiary).","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-07DOI: 10.26650/jplc2022-1197688
D. Tekin
{"title":"Türkiye’s Penal Reform on Domestic Violence: From the Opuz Case to the 2020s","authors":"D. Tekin","doi":"10.26650/jplc2022-1197688","DOIUrl":"https://doi.org/10.26650/jplc2022-1197688","url":null,"abstract":"","PeriodicalId":40112,"journal":{"name":"Journal of Penal Law and Criminology-Ceza Hukuku ve Kriminoloji Dergisi","volume":"6 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80501940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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