The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

Restoration of Social Justice and Imposition of Proportionate Punishment in the Context of the Principle Non Bis In Idem

10.12737/7595 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Modern Medicine ◽  
System Study ◽  
Criminal Punishment ◽  
Criminal Procedure Law

The article discusses current issues in the restoration of victim rights by applying one of the fundamental principles of criminal law: the reestablishment of social justice and the commensurability/proportionality of the criminal justice system. Study the problems in the theory of criminal punishment that justify the possibility of increasing the punishment after conviction. The author also analyzes some of the positions of modern medicine which is based on the ability to change the verdict and appointment of new criminal penalties. Insufficient developed changes that were made to the criminal procedure law, can create problems of law enforcement practices that lead to a substantial violation of the rights of victims. The article also examines conflict general principles of criminal law, namely, the restoration of social justice and proportionality of criminal punishment and principle non bis in idem. The author points out significant challenges that may arise in law enforcement and offers solutions.

Criminal law impact in the mechanism of ensuring national security

2020 ◽  
Author(s):  
Vladimir Duyunov ◽  
Ruslan Zakomoldin
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Social ◽  
Legal Nature ◽  
General Object

The monograph examines the social and legal nature of the category "national security" as a socially significant good, an object of criminal law protection and a general object of crimes. The existence of a specific "sphere of crimes and crime" in public life is substantiated, its general characteristics are given, and the state of crime is analyzed as one of the most dangerous threats to national security in modern conditions. The problem of ensuring national security by criminal law means, the place and role of criminal policy and criminal law in the policy of combating crime and ensuring the national security of Russia are considered. Defines the concept of criminal law impact as a law-mediated reaction of the state to crime and crime, one of the key directions of the policy of combating crime, a comprehensive criminal law institution and one of the elements of the mechanism for ensuring national security. The publication is intended for students, postgraduates, researchers, teachers of law schools, employees of law enforcement agencies and all persons interested in the problems of law and law enforcement.

scholarly journals Feasibility and objectives in the Russian criminal law

2018 ◽  
pp. 18-23
Author(s):  
Lev Leonidovich Kruglikov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
Legal Principle ◽  
Law Regulation

Criminal law regulation presupposes the achievement of certain socially useful results. These results in the criminal law are differentiated into two groups: the tasks of criminal law and the objectives of criminal punishment. At the same time, the basis for building the system of these results lies in a category that undoubtedly claims to be an independent legal principle - expediency in lawmaking and law enforcement activities. The presented work is devoted to the analysis of the content of the categories of «tasks», «goals» and «expediency» in criminal law and the specifics of their use as grounds for modern criminal policy.

Features of Humanization of the Criminal Policy of Kazakhstan: Study of the Possibilities to Increase the Effectiveness of Punishments in the Context of International Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1604
Author(s):  
Nurlan BIZHAN ◽  
Tugel BEKIMBETOV ◽  
Alisher PERSHEYEV ◽  
Gulshat RAHMETOVA ◽  
Gulmira DAIRABAYEVA
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
International Experience ◽  
Public Works ◽  
International Criminal Law ◽  
Global Trends ◽  
The Republic ◽  
Criminal Legislation ◽  
Further Development

Humanization of the criminal policy of the Republic of Kazakhstan, started by the President of the country in the Message dated January 29, 2010, attracts the attention of many researchers, both in Kazakhstan and in the world. However, the issue of what impact this humanization has on the recorded criminality in the country is answered by researchers ambiguously. A part of society also believes that humanization allows avoiding fair punishment for many criminals. The aim of the work is to summarize the results of the humanization of the criminal policy, to develop certain recommendations on the improvement of the criminal legislation of Kazakhstan taking into account world trends and the provisions in the international criminal law. The influence of international legislation on the formation of national criminal law is analyzed. Under the influence of global trends, there has been significant humanization of the criminal legislation of the Republic of Kazakhstan. A significant reduction in the number of persons serving a criminal sentence of imprisonment is mentioned by the author as one of the main achievements of the process of humanization. The author sees the further development of the process of humanization in a new approach to the execution of punishment in the form of community service. The international experience of implementing the principle of publicity for a number of criminal penalties, its conformity with the historical traditions of the Kazakh society are recognized as positive; this experience is recommended to be used and fixed in the Criminal Code of the Republic of Kazakhstan. The author believes in the need to widely involve public organizations, including religious ones, in their influence on people convicted for public works.

scholarly journals Violation of the transplantation procedure: issues of improvement of criminal legislation of the Republic of Belarus

2020 ◽  
Vol 1 (1) ◽  
pp. 133-141
Author(s):  
Aleksey Kovalchuk ◽  
Yuriy Dukhovnik
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Tissue Transplantation ◽  
Medical Activity ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
Objective Aspect ◽  
Preventive Role

The article deals with the study of the peculiarities of criminal law norms enshrined in Art. 164 of the Criminal Code of the Republic of Belarus further and the formulation on this basis of ways to improve them. Transplantation is an important area of medical activity, which allows overcoming serious human diseases. Сriminal law norms play an important preventive role to minimize violations in the field of organ and tissue transplantation. In the Republic of Belarus, Article 164 of the Criminal Code establishes liability for violation of the procedure for transplantation. The analysis of the signs of this crime allowed to determine their problematic aspects. The authors conducted the research of this crime, based on the signs of Corpus delicti. Based on law enforcement practice and various scientific views of scientists, the ways of improving the criminal legislation of the Republic of Belarus, which establishes liability in the field of violation of the transplantation procedure, are proposed. The authors' proposals to amend article 164 of the Criminal Code of Belarus pursue the aim to overcome situations of legal uncertainty and to prevent errors in law enforcement practice. So, as a result of the research, it is proposed to amend the title of article 164 of the Criminal Code of Belarus and its disposition. The objective aspect of crime and the subject of the crime as signs of corpus delicti are pro-posed to change. During the research, the differences between the criminal and blanket legislation to which he refers were established, in connection with which, ways to overcome them are proposed.

scholarly journals Criminal environmental protection: international practices and priorities for improving

2021 ◽  
Vol 12 (33) ◽  
pp. 102-120
Author(s):  
Oleh Kyrychenko ◽  
Yuliia Khrystova ◽  
Oleksandra Skok ◽  
Taisiia Shevchenko ◽  
Oleh Litun
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Documentary Sources ◽  
Foreign Countries ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The purpose of the research is to reveal international practices, criminal law protection and the system of punishments for environmental crimes in the field of environmental protection. Main content. The paper uses a comparative method to study the criminal environmental protection international practices of some European Union countries, in particular Spain, Germany and Austria. In addition, the study of model criminal law standards of the EU made it possible to evaluate them as a factor that leads to the unification and universalization of the criminal legislation of the EU countries in the field of environmental protection, harmonization of criminal law and related sectors. Methodology: Research of materials and methods based on the analysis of documentary sources and regulatory legal acts of foreign countries. The dialectical method of cognizing the social reality facts is the basis on which the formal legal and rather-legal approaches are largely based. Conclusions. The absence of developed unified approaches to its unification and practical application in the countries of Europe and Asia has been established. Attention is focused on the attempt of individual countries (the Republic of Poland, the Republic of Lithuania) to determine the criteria for the correlation of main and additional punishments, to establish criteria for the equivalent application of sanctions related to isolation and without isolation, and also to expand the boundaries of judicial review in the field of setting the degree and type of measures of criminal liability, depending on the factual and legal circumstances of the criminal case.

scholarly journals The Purpose of Punishment in the Science of Criminal Law

2021 ◽  
Vol 16 (2) ◽  
pp. 125-139
Author(s):  
A. I. Rarog
Keyword(s):  
Social Justice ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Soviet Period ◽  
Criminal Punishment ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Legislative Decision

Despite a centuries-old debate among scientists from different countries, the question about the purposes of criminal punishment remains relevant. The criminal legislation of the Soviet period was inconsistent in formulating the purposes of punishment and repeatedly changed the list of purposes and their wording, therefore, in the criminal law doctrine there were long and fruitless discussions on this issue. They have not stopped to this day, although the current Criminal Code of the Russian Federation unambiguously proclaimed the purposes of punishment to be the restoration of social justice, the correction of the convicted person and the prevention of new crimes. The discrepancy between the purposes of punishment in the Criminal Code of the Russian Federation and the purposes of the execution of punishment in the Penal Enforcement Code of the Russian Federation to a certain extent interferes with a uniform interpretation of the purposes of criminal punishment. The paper proves the validity and comprehensive nature of the legislative decision and rejects the importance and possibility of legislative adjustment of the purposes of punishment or supplementing their list with the purposes of punishment, expiation, resocialization of the convict, his re-education, etc.

scholarly journals Treating Wrongs as Wrongs: An Expressive Argument for Tort Law

2018 ◽  
Vol 10 (2) ◽  
pp. 405-447 ◽  
Author(s):  
Scott Hershovitz
Keyword(s):  
Criminal Law ◽  
Tort Law ◽  
Tort Reform ◽  
Corrective Justice ◽  
Social Standing ◽  
Tort Liability ◽  
Criminal Punishment ◽  
Expressive Function ◽  
The Social ◽  
The Way

AbstractThe idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment that the defendant wronged the plaintiff. And I explain why it is important to have an institution that expresses that judgment. I argue that we need ways of treating wrongs as wrongs, so that we can vindicate the social standing of victims. Along the way, I consider the continuity between tort and revenge, and I suggest a new way of thinking about corrective justice and the role that tort plays in dispensing it. I conclude by sketching an agenda for tort reform that would improve tort’s ability to serve its expressive function.

Social workers, critical theory and the political sphere: addressing political misrecognition and marginalisation in the Republic of Ireland

2021 ◽  
Author(s):  
Susan Flynn
Keyword(s):  
Social Justice ◽  
Social Work ◽  
Social Workers ◽  
Democratic Party ◽  
Political Life ◽  
Critical Commentary ◽  
The Social ◽  
The Republic ◽  
Electoral Representation ◽  
Irish Politics

Despite the traditional social justice mandate of social work, and critical and radical theoretical traditions that pursue egalitarian and just societies, the engagement of the social work academy with Irish politics has been underwhelming at best. While there are abstract analyses that address sociopolitical theory and ideological wrongdoings related to neoliberalist rationality, attention in social work academia to the nuts and bolts of everyday political life in Ireland, such as democratic party politics and electoral representation, leaves much to the imagination. This article therefore pursues a more grounded reading of social justice in Irish politics for social workers. The supporting proposition is that to effectively interject in political misrecognition and marginalisation, social workers must understand the present political state of play. Towards achieving this, Axel Honneth’s theory of recognition aids thematic critical commentary on the literature.

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