scholarly journals Problems of appointment and execution of a criminal punishment in the form of a penal

2021 ◽  
Vol 39 (3) ◽  
pp. 132-135
Author(s):  
A. А. Akaeva ◽  
Keyword(s):  
Legal Regulation ◽  
Actual Situation ◽  
Criminal Punishment ◽  
Low Level ◽  
Criminal Penalty ◽  
Criminal Penalties

The article analyses problematic issues in the enforcement of a criminal penalty in the form of a fine, and examines the actual situation of a fine in the system of criminal penalties Despite the efforts of the legislature to make fines the most common form of criminal punishment, recent statistics show the contrary. The low level of enforcement of the penalty of a fine is indicative of the existence of problems in the legal regulation, especially with regard to the enforcement of the penalty of a fine imposed as an additional penalty. On the basis of the results of the study, some proposals have been made to remedy the problems

scholarly journals Effectiveness of the execution of criminal penalties

2021 ◽  
Vol 17 (4) ◽  
pp. 111-119
Author(s):  
Alexander K. Teokharov ◽  
Albert Ya. Bondar ◽  
Galbadrakh Batbold
Keyword(s):  
Research Process ◽  
Legal Regulation ◽  
Social Needs ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Social And Economic Development ◽  
Analysis And Synthesis ◽  
Criminal Penalties ◽  
And Performance ◽  
Definition Of

Introduction. Questions related to the effectiveness of the execution of criminal penalties constantly attract the attention of scientists. The first research in this area was conducted in the 60s of the last century. Despite the apparent simplicity of the problem, its true content is ambiguous. Researchers usually use the General and very broad category of "efficiency of punishment", and the definition of "efficiency of execution of criminal punishment" remains undeveloped. While not restricted to such concepts as "effective sentencing", "the efficiency of criminal-legal regulation", "effectiveness of punishment" and "performance punishment." Also, to date, no indicators of the effectiveness of the execution of criminal penalties have been identified. Methods. The conclusions made in the research process are the result of using various scientific methods, such as analysis and synthesis, as well as systematic and comparative methods. Tasks. The main purpose of the article is to fill a gapin the theory of criminal enforcement law regarding the concept of efficiency of execution of criminal punishment. The following tasks are identified: formulation of the author's concept of the effectiveness of the execution of criminal punishment and determination of its features. Results. In the study, the analysis of scientific views on concepts such as the efficiency of criminal punishment, the effectiveness of the criminal law and the effectiveness of the execution of criminal penalties, gives the authors the concept of efficiency of execution of criminal punishment. Conclusion. The effectiveness of the execution of criminal punishment is the ability of the penitentiary system to achieve the goals of criminal punishment in accordance with current legislation and social expectations, reflecting the optimal application of repressive and correctional measures, the material and financial resources used. The execution of a criminal sentence becomes effective when it has the following characteristics: 1) balance of punitive and corrective actions; 2) progressive execution of punishment; 3) the focus of the punishment for public needs and social needs; 4) compliance of the execution of punishment the level of social and economic development of the state; 5) the regimentation of the sentence; 6) the variability and individuality corrective measures against the convicted person.

Organizational and legal problems of the event initial investigative measures for sentenced to punishment in the form of compulsory labor, correctional labor and restriction of freedom

2020 ◽  
pp. 50-58
Author(s):  
Павел Николаевич Красоткин ◽  
Александр Николаевич Ласточкин
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Low Level ◽  
Legal Problems ◽  
Regions Of Russia

В статье рассматриваются некоторые вопросы правовой регламентации и практики проведения первоначальных розыскных мероприятий в отношении осужденных к наказаниям в виде обязательных работ, исправительных работ и ограничения свободы, уклоняющихся от контроля уголовно-исполнительных инспекций, а также исследованы проблемы их осуществления в некоторых территориальных органах Федеральной службы исполнения наказаний. К проблемам организационно-правового характера, связанным с порядком проведения первоначальных розыскных мероприятий в отношении указанных категорий осужденных, следует отнести: формулировку понятия первоначальных розыскных мероприятий; незаконное проведение мероприятий по установлению местонахождения осужденных к лишению права занимать определенные должности или заниматься определенной деятельностью; низкий уровень взаимодействия уголовно-исполнительных инспекций с полицией (по вопросам задержания, доставления в суд, представления интересов инспекций в судах) и судами (по вопросам замены наказания и обязательному личному присутствию осужденных в зале судебного заседания); границы полномочий сотрудников инспекций и полиции по вопросам задержания осужденных, направления представления в суд о заключении осужденного под стражу, их доставления в суд; особенности расчета сроков, установленных для проведения мероприятий; неопределенность сроков подачи в суд представления о замене ограничения свободы другим видом наказания; материальную ответственность осужденных; форму участия осужденных в судебном процессе; особенности сроков исчисления задержания; проведение первоначальных розыскных мероприятий в случае неявки осужденного для постановки на учет; особенности задержания уклоняющихся осужденных в других регионах России, других государствах. Высказываются предложения по совершенствованию российского законодательства и правоприменительной практики. The article discusses some issues of legal regulation and the practice of conducting initial investigative measures in relation for persons sentenced to punishment in the form of compulsory labor, correctional labor and restriction of freedom, evading control of penal inspections and also explores the problems of their implementation in some territorial bodies of the Federal Penal Service. The organizational and legal problems associated with the procedure for conducting initial investigative measures in relation to these categories of convicts include: the wording of the initial investigative measures; illegal measures to establish the whereabouts of persons deprived of their right to occupy certain positions or engage in certain activities; low level of interaction of the penal inspectorates with the police (regarding detention, transfer to court, representing the interests of inspections in the courts) and the courts (regarding the replacement of sentences and the mandatory personal presence of convicts in the courtroom); the boundaries of the powers of inspectorates and police officers in matters of detention of convicts, the direction of submission to the court on the detention of the convicted person, their transfer to court; features of calculating the deadlines set for events; the uncertainty of the deadline for filing with the court the idea of replacing the restriction of freedom with another type of punishment; liability of convicts; the form of participation of convicts in the trial; features of terms of calculation of detention; conducting initial investigative measures in case of non-appearance of the convicted person for registration; features of detention of evading convicts in other regions of Russia and other states. Suggestions are made for improving Russian legislation and law enforcement practice.

scholarly journals THEORETICAL BASIS OF ECONOMIC SECURITY OF THE ENTERPRISE

2021 ◽  
Author(s):  
Nadya Fisunenko ◽  
Dmitro Dyachenko
Keyword(s):  
Theoretical Basis ◽  
Professional Training ◽  
Legal Regulation ◽  
Economic Security ◽  
Work Process ◽  
Personnel Policy ◽  
Low Level ◽  
Labor Discipline ◽  
Business Entities

The article is devoted to the study of problems in the field of economic security of the enterprise. The essences of the concepts «danger» and «threat» are analyzed, their main properties are determined. The main types of danger are identified, according to the magnitude of the possible consequences. The main types of hazards include «warning», which has the following characteristics. They are: set of circumstances that have developed in the enterprise, to which it is necessary to react. The peculiarities of the evolution of threats have been studied. The actuall scheme of evolution of threats has been built, considering the concepts of «risk», «danger» and «threat». The classification of economic threats and risks according to the main features (by area of distribution and objects of influence) as components of economic security of the enterprise are formed. The main causes of economic threats have been identified. They are: insufficient adaptation of individual business entities to dynamic and constantly changing market conditions; general insolvency of business entities; growing crime; low level of labor discipline and responsibility of employees of enterprises, insufficient legal regulation of some activities; as well as low professional level of a significant part of the management and employees of the enterprise. It is determined that the causes of physical threats are: inefficient personnel policy of business entities, low professional training, insufficient level of security of enterprises, banks, low control over the work process of employees. The causes of intellectual threats are studied. They are first of all inefficient personnel policy of the enterprise, secondly, violation of non-disclosure agreements and the principle of publicity of results, then, intensification of competition in the markets along with low level of information security or its absence. It is proposed that in order to effectively ensure the economic security of the enterprise, first of all, it is necessary to focus on the presence of various threats, risks and dangers and try to minimize their impact in time.

scholarly journals CRIMINAL PUNISHMENT IN THE FORM OF ARREST: PROBLEMS AND PROSPECTS

2020 ◽  
Vol 6 (4) ◽  
pp. 52-60
Author(s):  
A. K. Teokharov ◽  
A. V. Chestnov
Keyword(s):  
Economic Conditions ◽  
Criminal Punishment ◽  
Penal Policy ◽  
Distinctive Features ◽  
Detention Centers ◽  
Points Of View ◽  
Criminal Penalties ◽  
Criminal Legislation

The article analyzes domestic and foreign criminal legislation regulating the execution of punishment in the form of arrest. Scientific points of view regarding the issues of regulation and execution of arrest in Russia are evaluated. Modern problems of execution of arrest are defined and ways of their solution are offered. The author's position on the essence of the arrest and its distinctive features is given. The authors conclude that in modern Russia, one of the important aspects that contribute to the formation of the system of punishments is the internal and external economic conditions. It is argued that it is impractical to exclude arrest from the system of criminal penalties. The conclusion is made that the arrest is not executed, as it goes against the modern penal policy. Separate amendments to the criminal and penal enforcement legislation are proposed. It is argued that in modern conditions it is necessary to provide for the execution of punishment in the form of arrest in pre-trial detention centers.

scholarly journals Ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation

2020 ◽  
Vol 77 (2) ◽  
pp. 46-80
Author(s):  
А. М. Чорна
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
Low Level ◽  
State Tax ◽  
Business Entities ◽  
High Level ◽  
Legal Mechanism ◽  
Constructive Interaction

The author of the article, based on the analysis of scientific views of scholars and current legislation of Ukraine, elaborates the ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation. It is substantiated that the objective prerequisites for improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation are: 1) low level of trust of entrepreneurs in the tax service; 2) high level of corruption in the agencies of the State Tax Service; 3) imperfect mechanism of legal regulation of tax advice; 4) low level of quality and efficiency of functioning of administrative and legal mechanism of ensuring the rights and lawful interests of business entities as taxpayers, etc. It was stated that the first step towards improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation should be the improvement of the relevant administrative legislation. The expediency of improving the organizational structure of the State Tax Service is substantiated. Emphasis was placed on the need to improve the interaction of the State Tax Service with other public authorities and the public on ensuring the rights of business entities in the field of taxation. It is noted that the deep and constructive interaction of the State Tax Service of Ukraine with other public authorities and the public is undoubtedly an important guarantee of high quality and efficiency for ensuring the rights of business entities.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

scholarly journals Pengembalian Kerugian Keuangan Negara dari Pembayaran Uang Pengganti Tindak Pidana Korupsi, Dapatkah Optimal? (Return of State Financial Losses from The Payment of Substitute Money Corruption Criminal Act, Can It Be Optimal?)

2019 ◽  
Vol 10 (1) ◽  
pp. 89-107
Author(s):  
Puteri Hikmawati
Keyword(s):  
Qualitative Approach ◽  
The State ◽  
Prison Sentence ◽  
Legal Basis ◽  
Criminal Penalty ◽  
Corruption Case ◽  
Criminal Penalties ◽  
The Law ◽  
Financial Losses

In addition to being subject to principle criminal penalties, the defendant in a corruption case may be subject to additional criminal penalty, in the form of payment of replacement money. The article which resulting of the normative juridical research with this qualitative approach, review regarding the return of the state financial losses shall be paid from the payment of substitute money in corruption criminal act can it be optimal? In the discussion, the penalty payment of substitute money has been stipulated in Law No. 31 of 1999 on the Eradication of Corruption Crime as amended by Law No. 20 of 2001. The amount of payment of substitute money shall be if possible equal with the assets obtained from the criminal act of corruption. If the substitute money is not paid, then the convicted person shall be liable to a prison sentence whose duration does not exceed the maximum sentence of the principal sentence. Therefore, the returning of financial losses cannot be optimal. The amount of compensation state finances needs to be increased, by confiscating and seizing the assets/properties of the perpetrator. The law concerning assets deprivation shall be established as the legal basis for assets seizure resulting from corruption. AbstrakSelain dapat dijatuhi pidana pokok, terdakwa dalam perkara korupsi dapat dijatuhi pidana tambahan, berupa pembayaran uang pengganti. Artikel yang merupakan hasil penelitian yuridis normatif dengan pendekatan kualitatif ini, mengkaji pengembalian kerugian keuangan negara dari pembayaran uang pengganti dalam tindak pidana korupsi dapatkah optimal?. Dalam pembahasan, pidana pembayaran uang pengganti telah diatur dalam UU No. 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi sebagaimana telah diubah dengan UU No. 20 Tahun 2001. Jumlah pembayaran uang pengganti sebanyak-banyaknya sama dengan harta benda yang diperoleh dari tindak pidana korupsi. Apabila uang pengganti tidak dibayar, maka terpidana dipidana dengan pidana penjara yang lamanya tidak melebihi ancaman maksimum dari pidana pokoknya. Oleh karena itu, pengembalian kerugian keuangan negara tidak dapat optimal. Jumlah pengganti kerugian keuangan negara perlu ditingkatkan, dengan melakukan penyitaan dan perampasan terhadap aset/harta kekayaan pelaku. UU Perampasan Aset perlu dibentuk sebagai dasar hukum perampasan aset dari hasil korupsi.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

ISSUES OF INFORMATIZATION OF THE PENITENTIARY SYSTEM

2021 ◽  
Vol 31 (3) ◽  
pp. 497-503
Author(s):  
V.V. Surin
Keyword(s):  
Comparative Analysis ◽  
Public Administration ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Information Support ◽  
Legal Regulations ◽  
Prison Staff ◽  
Legal Norms ◽  
Criminal Penalties

The article is devoted to the issues of legal regulation of the activities of the penitentiary system, including the legal aspects of informatization of the penitentiary department. The author analyzes the retrospective of the development of legal norms regulating the processes of information support for the execution and serving of criminal sentences. The interrelationships of the development of legal regulation of the processes of informatization of public administration bodies, in general, and divisions of the Federal Penitentiary Service, in particular, are investigated. The paper presents a comparative analysis of a number of legal regulations that currently define various aspects of the information activities of prison staff, in particular, the goals, objectives and methods of implementing this area of activity. On the basis of the conducted research, proposals are formulated to optimize the processes of digitalization of institutions and bodies that execute criminal penalties, and the mechanism for implementing this activity.

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