Current Issues of Assignment of Punishment in the View of Forced Work

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Abstract

Forced labor as a type of criminal punishment has been used in practice since 2017, however, given the dual legal nature and the close connection of this punishment with imprisonment, new questions arise regarding the purpose of forced labor. The Russian legislator quite rightly focuses the essence of forced labor on the possibility of ensuring the correction of a convicted person by involving him in relevant work activities. However, for the application of this punishment, the capabilities of the convicted person to carry it out become of fundamental importance. The purpose of the presented study is to analyze the current state of the current criminal legislation in the context of current issues regarding the imposition of punishment in the form of forced labor. The author comes to the conclusion that there are a number of positive aspects associated with the expansion of the practice of using forced labor (reducing the harmful restrictive impact on the personality of the convicted person, economic benefits for the state, as well as the significant educational and preventive impact of the possibility of replacing the unserved part of the sentence with forced work on penitentiary crime). The relevance of using the potential of this punishment in the context of humanization of criminal legislation is noted. Attention is focused on the fact that the latest changes made to Art. 53.1 of the Criminal Code of the Russian Federation regarding the inadmissibility of assigning forced labor to persons of retirement age only if there is a medical certificate about their complete inability to carry out labor activities, seem logical and timely, which will further expand the scope of application of the above-mentioned criminal punishment.

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About the authors

Kamila A. Karchaeva

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Author for correspondence.
Email: kamila.karchayeva@mail.ru
SPIN-code: 6625-7723

Cand.Sci.(Econ.), Senior police Lieutenant, Senior Lecturer of the Department of Law Enforcement Organization

Russian Federation, Nalchik

References

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