CHANGES IN PENAL POLICY AND PENAL LEGISLATION IN THE SPHERE OF ENFORCING IMPRISONMENT

被引:0
|
作者
Seliverstov, Vyacheslav, I [1 ,2 ,3 ]
机构
[1] Moscow MV Lomonosov State Univ, Fac Law, Law, Moscow, Russia
[2] Moscow MV Lomonosov State Univ, Fac Law, Moscow, Russia
[3] Moscow MV Lomonosov State Univ, Fac Law, Dept Criminal Law & Criminol, Moscow, Russia
关键词
penal policy; penal legislation; penal system; sphere of enforcing imprisonment;
D O I
10.17223/22253513/20/9
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Penal policy. The Concept of Penal System in the Russian Federation (the Concept) till 2020 was adopted in 2010. It was confirmed by the Government Decree No 1772-P dated 14.10.2010 and that fact caused some bewilderment since earlier such conceptual documents had been passed by the President of the Russian Federation. Practically all the attempts to realize the Concept failed. Scientists, practitioners and rights advocates wrote about the need to amend the document, rectify its drawbacks and criticized the developers of the Concept for their adventurism. Therefore, we can say with satisfaction that the Government Decree No 1877-P dated 23.09.2015 introduced a number of principal changes and supplements into the Concept. Firstly, the section about a gradual transition to a prison confinement of convicts was excluded. The above section provided for 246 conventional prisons (including 58 prisons for women), 161medium security prisons and 21 maximum security prisons, all in all 428 prisons to be built according to international and European standards by 2016. Secondly, reference to the division of convicts into those "capable of resocialization" and those not capable was excluded from the Concept. Some theoretical provisions about the possibility to apply the theory of Chezare Lombroso to penitentiary practice in Russia failed and were excluded from the political document under consideration. Thirdly, the Concept was supplemented by a new section "Enforcement of rights and legal interests of convicts and detainees" which included a complex of political, legal and organizational measures. Fourthly, the section of the Concept which deals with labor, professional education and training of prisoners has been heavily revised. Fifthly, a revised version of Item 12, Subsection 3 of the Concept provides for "active use of scientific potential of research institutes, organizations for higher professional education of the Federal Penitentiary Service and organizations for supplementary education in coordination with other higher educational establishments and scientific organizations". The use of a scientific potential of other, not in-house higher educational establishments and scientific organizations was never mentioned before. Penal legislation. Our legislation tends to continue humanization of the treatment of prisoners, guarantee their rights and legal interests. The adoption of Federal law No 103 FZ of 20.04.2015 "On changes into Article 14 of the Penal law of the Russian Federation and some legislative acts of the Russian Federation" which supplemented and changed the securing of freedom of conscience and religion of convicts should be evaluated in this very context. Despite a complicated criminal situation in Russia in 2015, both penal and criminal policy was aimed at humanization of the execution of sentences. This is proved by changes and supplements to the Concept of Penal System in the Russian Federation till 2020 introduced by the Government Decree No 1877-P dated 23.09.2015. In penal legislation the above tendency proved itself for the first time in regard to those sentenced to life imprisonment.
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页码:69 / 81
页数:13
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