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

封面

如何引用文章

全文:

开放存取 开放存取
受限制的访问 ##reader.subscriptionAccessGranted##
受限制的访问 订阅存取

详细

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.

全文:

受限制的访问

作者简介

Kamila Karchaeva

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

编辑信件的主要联系方式.
Email: kamila.karchayeva@mail.ru
SPIN 代码: 6625-7723

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

俄罗斯联邦, Nalchik

参考

  1. Artemenko N.V., Sayadyan S.G. Problems of the application of criminal penalties involving labor in relation to persons who have reached retirement age// Man: crime and punishment. 2023. Vol. 31, No. 4. pp. 546-557.
  2. Vershinina T.V. Forced labor as a type of punishment: features of law enforcement, changes in judicial practice // Judge. 2023. No. 6(148). pp. 44-51.
  3. Latysheva L.A., Rakhimdzhanova D.S. Problems and prospects of the appointment and execution of punishment in the form of forced labor // Bulletin of the St. Petersburg Law Academy. 2023. No. 4(61). pp. 92-96.
  4. Report on the number of persons prosecuted and types of criminal punishment for 2022. URL: http://www.cdep.ru/userimages/Statistika_2022_godovaya/k4-svod_vse_sudy-2022.xls (date of application: 04/21/2024).
  5. Report on the number of persons prosecuted and types of criminal punishment for 2023. URL: http://www.cdep.ru/userimages/sudebnaya_statistika/2023/k4-svod_vse_sudy-2023.xls (date of application: 04/21/2024).
  6. Resolution of the Constitutional Court of the Russian Federation dated 02/24/2022 No. 8-P «In the case of checking the constitutionality of part seven of Article 53.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen V.N. Egorov» // Collection of Legislation of the Russian Federation. 2022. No. 10. Pp. 1595.
  7. Seliverstov V.I. Forced labor: prospects, limits and risks of development // Penitentiary science. 2024. Vol. 18, No. 1(65). Pp. 43-50.
  8. Urusov A.A. Criminal law characteristics and current problems of forced labor as a type of punishment // Bulletin of Omsk University. Series: Law. 2023. Vol. 20, No. 2. pp. 86-96.
  9. Federal Law No. 111-FZ dated 04/03/2023 «On Amendments to Article 53.1 of the Criminal Code of the Russian Federation» // Collection of Legislation of the Russian Federation. 2023. No. 14. P. 2388.
  10. Chulunov E.A. Retrospective analysis of criminal punishment in the form of forced labor // Legal Bulletin of Dagestan State University. 2023. Vol. 46, No. 2. pp. 147-152.

补充文件

附件文件
动作
1. JATS XML
下载