scholarly journals Features of the appointment and execution of life imprisonment: experience of foreign countries

2021 ◽  
Vol 2 (12) ◽  
pp. 76-80
Author(s):  
O. O. ZELENSKAYA ◽  
Keyword(s):  
Alcohol Consumption ◽  
International Standards ◽  
European Countries ◽  
State Agencies ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Form Of Life ◽  
Foreign Countries ◽  
Criminal Legislation ◽  
And Control

The article reveals various approaches to the appointment and execution of sentences in the form of life imprisonment in a number of foreign countries. The author examined the criminal legislation of Armenia, Denmark, Bulgaria as well as a number of Western European countries: Belgium, France, Switzerland. Attention is focused on the features of parole from serving the punishment specified in the article. Most of those serving life sentences are subject to a range of parole conditions / restrictions. Persons released from life imprisonment may be subject to individual restrictions in relation to place of residence, movement, property, alcohol consumption and control of behavior by state agencies. International standards emphasize that the purpose of conditional release is to help prisoners reintegrate into society. In addition the author proposes a recommendation for improving the current Russian criminal legislation.

scholarly journals Starosne granice krivično-pravnog maloljetstva u uporednom pravu

2021 ◽  
Vol 41 (3) ◽  
pp. 781-802
Author(s):  
Vedad Gurda
Keyword(s):  
Criminal Responsibility ◽  
The United States ◽  
International Standards ◽  
European Countries ◽  
Criminal Courts ◽  
Legal Standards ◽  
Rights Of The Child ◽  
Minimum Age ◽  
Age Limit ◽  
Criminal Legislation

This paper presents a comparative legal overview of the juvenile age of criminal responsibility as an age framework in which young people enjoy a special (privileged) criminal status due to their immaturity. When it comes to the lower limit as minimum age of criminal responsibility, comparative legal solutions are different and they range from six or seven years in some countries, up to eighteen years in other. In most European countries, the age limit is set at the age of 14, which is the minimum age of criminal capacity proposed by UN Committee on the Rights of the Child. In comparative law the significance of the age limit is relativized by prescribing two or more such age limits (depending on the gravity of the crime or due to the application of the doli capax doctrine), as well as other legal solutions. On the other hand, in most countries, juvenile criminal responsibility lasts until the age of eighteen, although in some states in the United States and some other non-European countries it ends earlier. The importance of the age limit in some legislations is relativized by the possibilities of applying juvenile criminal law to young adults, but also through the possibility of referring minors to the criminal courts of general jurisdiction (“adult courts”) even before the age of criminal majority. In the paper was analyzed international legal standards related to these issues, as well as legislative solutions in the countries of the region. In conclusion it was stated that the legal solutions contained in juvenile criminal legislation of the countries of the former SFR Yugoslavia are harmonized with international standards in this area.

scholarly journals The right of prisoners sentenced to life imprisonment to parole from serving a sentence or to replace the unserved part of the sentence with a milder one and ensuring it in Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 168-175
Author(s):  
Anatoliy Chernenko ◽  
Anatoliy Shyyan
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
International Standards ◽  
Constitutional Court ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Legal Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

The article examines the issues of ensuring the right of convicts to life imprisonment in Ukraine to parole from serving a sentence or replacing the unserved part of the sentence with a milder one. The norms of the Criminal Code, other legislative acts of Ukraine governing this issue, as well as the Regulation on the procedure for pardon approved by decree of the President of Ukraine No. 223/2015 of April 21, 2015 are analyzed. They are compared with international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which governs the conditional release of life-sentenced prisoners or replaces the unserved part of the sentence with a milder one, as well as several decisions of the European Court of Human Rights regarding such issues. The inconsistency of Ukrainian legislation, the Regulation on the procedure for pardoning international law and the decisions of the ECHR is shown. Particular attention is paid to the decision of the ECHR in the case of “Roosters v. Ukraine” of March 12, 2019, as well as future decisions of the Constitutional Court of Ukraine and the Supreme Court, which are currently considering this issue. Considering the provisions expressed by the ECHR in this case, it is concluded that the current mechanism for such exemption does not comply with international standards and this entails the need to consolidate the relevant legal norms in Ukrainian legislation. The problematic aspects of the implementation of such a right are analyzed, some suggestions are made for their solution.

scholarly journals USLOVNI OTPUST KOD KAZNE DOŽIVOTNOG ZATVORA – KRITIČKO PREISPITIVANJE NOVIH NORMATIVNIH REŠENJA U SRPSKOM KRIVIČNOM ZAKONODAVSTVU –

2021 ◽  
Vol 59 (1) ◽  
pp. 145-158
Author(s):  
Zdravko Grujić
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
Point Of View ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Social Reintegration ◽  
Human Rights Protection ◽  
Criminal Sanctions ◽  
Rights Protection ◽  
Criminal Legislation

The amendments and supplements of the Criminal Code of 2019 introduced into Serbian criminal legislation a life imprisonment as the most severe sentence in the criminal sanctions system. These novelties confirm the continuity of a multi-year process of (inconsistent) changes in criminal legislation that tightens the legislature’s criminal policy, broadens the limits of criminal repression, supplements the purpose of punishment, narrows the possibility of mitigating the punishment, in other words, continues to expand the retributive concept of punishing. The introduction of the life imprisonment required the amendments of several other provisions of the Criminal Code, including those relating to the purpose of punishment, impossibility of conditional release of persons sentenced to this life imprisonment, as well as the duration limit on conditional release. In most states where it forms part of the sentence system the possibility of (early, or) conditional release of prisoners is provided. It is indisputable that there are also rare exceptions to this rule. However, the paradigm of human rights protection, in particular the protection of the rights of persons deprived of their liberty, as well as the mechanisms for their protection (e.g. the jurisprudence of the ECHR), indicate that the possibility of conditional release of persons sentenced to life imprisonment in national legislations already represents an “established standard”. From a penological point of view, the implementation of treatment and treating of the prisoners sentenced to life imprisonment and the idea of their resocialization and social reintegration, is directly correlated with the possibility of their conditional release. Therefore, prescribing the possibility of conditional release of prisoners sentenced to life imprisonment, as visible to them “a path to release”, is a necessary prerequisite for the execution of the sentence.

scholarly journals Coercive Measures of Educational Influence in the Current Development of Legislation in Juvenile Delinquency Prevention

2021 ◽  
pp. 232-237
Author(s):  
Dmitry B. Laptev ◽  
Keyword(s):  
Criminal Law ◽  
Specific Form ◽  
International Standards ◽  
Negative Consequences ◽  
Closed Type ◽  
Criminal Procedure Law ◽  
A Minor ◽  
Criminal Legislation ◽  
And Control ◽  
Educational Influence

The article examines the effectiveness of existing criminal legal instruments of educational influence on minors. On the basis of the analysis of strategic planning documents affecting children, changes in criminal and other federal legislation on the basis of the system for the prevention of juvenile neglect and delinquency, it is concluded that the task of bringing the legislation in question in line with international standards has not yet been solved. Criminal legislation in this area is not impeccable and needs to be finalized. Judicial statistics show a low demand for warning as an educational measure. At the same time, criminal legislation does not regulate a specific form of warning and does not answer the question of what negative consequences for a minor may occur if they have not made appropriate conclusions from the declared warning, but have not yet committed a new crime. In addition, the question of the element of coercion in the structure of this measure is raised, and the difficulties of its application are indicated, taking into account the existence in criminal law of rules on the insignificance of the act. It is proposed to remove warning from the list of compulsory measures of educational influence. Based on the analysis of the practice of implementing the obligation to make amends for the harm caused, it is concluded that the coercive element in the structure of this measure is conditional in cases when compensation is paid not by minors themselves, but by their parents. In this part, the measure in question seems ineffective. When considering the provisions governing the transfer of a minor to the surveillance of parents or other persons replacing them, attention is drawn to the absence of the types and limits of surveillance and control clearly defined in the law. In addition, it is concluded that there is a conflict that arises between the rules of criminal procedure law, which provides for negative consequences from failure to comply with the measure imposed on minors, and the provisions of criminal law, according to which the duties are imposed not on the minor, but on third parties. In the light of judicial statistics showing that it is extremely rare for minors to be sentenced to imprisonment for crimes of moderate gravity, the relevance of the provisions of the criminal law providing for the possibility of placing minors who have committed crimes in this category in a special educational facility of a closed type is questioned.

scholarly journals RELEASE FROM SERVING A SENTENCE IN THE FORM OF LIFE IMPRISONMENT: DOMESTIC REALITIES AND PROSPECTS OF IMPROVEMENT

2020 ◽  
Vol 2020 (2) ◽  
pp. 62-73
Author(s):  
Puzyrov M. S. ◽  
◽  
Pekhovskyi A. Yu. ◽  
Shtupun Yu. D. ◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
Current Model ◽  
Legal Regulation ◽  
International Standards ◽  
Life Imprisonment ◽  
Human Rights Protection ◽  
Foreign Experience ◽  
Form Of Life ◽  
Basic Law ◽  
European Court

The article is dedicated to the analysis of the domestic legislation on release from serving a sentence in the form of life imprisonment. It has been found out that life imprisonment is the most severe type of punishment in many countries of the world. This fact leads to lively scientific and practical discussions around the legal regulation of certain aspects of its implementing and serving. The issue of release from serving this type of punishment is especially acute, as human rights organizations emphasize the lack of an effective mechanism for release from serving a sentence in the form of life imprisonment in Ukraine, which contradicts not only a number of international normative and legal acts but also the basic principles of a democratic society which should not deny a person in the opportunity to re-socialize. A review of international norms relating to this area of legal relations is maintained. The main models of release from serving a sentence in the form of life imprisonment on the example of foreign experience are considered. It is concluded that the current model of release from serving a sentence in the form of life imprisonment in Ukraine is inconsistent with the provisions of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of humanism, and therefore has no prospects for further development and requires significant transformation, because the institution of presidential pardon is rather exceptional and does not create a really functioning mechanism of release from serving a sentence in the form of life imprisonment, but only creates additional problems in the law enforcement process. These shortcomings of the existing model of release from serving a sentence in the form of life imprisonment in Ukraine have been highlighted, in particular, by the European Court of Human Rights. It is substantiated that the current initiatives aimed at making changes in this area at the level of normative and legal acts are an important but insufficient step to solve this problem. Therefore, the relevant amendments should be made in the Criminal and Criminal Executive Codes of Ukraine and further detailed at the sub statutory level. Making such amendments will not only allow to bring the provisions of domestic criminal and criminal-executive legislation in line with high international standards of human rights protection, but also in accordance with the Constitution of Ukraine, which is the Basic Law of our state. Key words: life imprisonment, release from serving a sentence, pardon, legislation, foreign experience.

scholarly journals LIFE IMPRISONMENT AS AN ANSWER TO CONTEMPORARY SECURITY CHALLENGES - THE (IN)ADEQUACY OF THE RETRIBUTIVE APPROACH –

TEME ◽  
2020 ◽  
pp. 1109
Author(s):  
Zdravko V. Grujić
Keyword(s):  
Criminal Law ◽  
Public Attitudes ◽  
Criminal Sanction ◽  
Life Imprisonment ◽  
Conditional Release ◽  
The Social ◽  
Security Challenges ◽  
Legislative Changes ◽  
Criminal Legislation

Contemporary Serbian criminal legislation characterizes the concept of expansionism – the strengthening of the prescribed penalties and extending the limits of criminal repression (“punitive populism”), as legislative response to the trends of criminality, potential security challenges and public attitudes on the adequacy of the social response to the phenomenon of crime. The latest in a series of legislative changes envisages the introduction of life imprisonment as a new penalty in the criminal sanction system and, at the same time, the abolition of (long-term) imprisonment from thirty up to forty years. The severity of the criminal law reaction is reflected not only in the introduction of life imprisonment, but also in the prohibition of conditional release for the convicted, to life imprisonment for certain serious crimes, although such a solution is often challenged in comparative and international jurisprudence. The aim of this paper is to review the justification of introducing life imprisonment in our criminal legislation and to point out the (in)acceptability of certain normative solutions; to determine the potential scope and effects of life imprisonment as penalty, that is, to critically analyze the adequacy of the retributive approach in relation to the trends of criminality and contemporary security challenges.

THE CONTENT OF THE INTERNATIONAL STANDARDS OF THE COUNCIL OF EUROPE ON THE PROCEDURE FOR SERVING A SENTENCE OF LIFE IMPRISONMENT

2017 ◽  
Author(s):  
Ihor Melnусhenko ◽  
Keyword(s):  
International Standards ◽  
Council Of Europe ◽  
Life Imprisonment ◽  
Basic Principles ◽  
Form Of Life ◽  
Proposed Model ◽  
Life Sentence ◽  
Definition Of ◽  
The Individual

The article analyzes the content of Recommendation Rec(2003)23 of the Committee of Ministers to member states on the management by prison administrations of life sentence and other long-term prisoners, which contains a thorough analysis of areas of life imprisonment, namely: the purpose of execution of punishment in the form of life imprisonment is defined; the basic principles of life imprisonment are explained; recommendations were provided on individual planning of serving a sentence of life imprisonment; clarification was provided on the assessment of the risk and needs of those sentenced to life imprisonment; recommendations on the specifics of the work of staff working with convicts sentenced to life imprisonment. As a result of the generalized analysis of the content of the international standards of the Council of Europe the system of serving of punishment in the form of life imprisonment which consists of the following stages is modeled: I - the Stage of definition of the initial estimation of the person sentenced to life imprisonment; ІІ - Stage of drawing up and realization of the plan of serving of punishment in the form of life imprisonment; ІІІ - Stage of preparation and implementation of the individual plan of release of convicts to life imprisonment; IV - Stage of adaptation of convicts to life imprisonment in society. It is determined that the proposed model of serving a sentence, which reflects the content of international standards of treatment of convicts sentenced to life imprisonment in the future may be a guide for implementation in the penitentiary activities of Ukraine.

scholarly journals The controversial issues of the implementation of clemency in the legislation of Ukraine and foreign countries

2020 ◽  
pp. 301-306
Author(s):  
Mykhaylo Denysovskyy ◽  
Inna Tomchuk
Keyword(s):  
Practical Experience ◽  
Point Of View ◽  
Controversial Issues ◽  
Life Imprisonment ◽  
Foreign Countries ◽  
The Subject ◽  
Legislative Support ◽  
Theory Of Law ◽  
Criminal Legislation ◽  
Domestic Law

The article deals with issue of clemency and its controversial application in Ukraine. Thus, the subject of our study is the analysis of the norms of domestic law that regulate the grounds and procedure of applying clemency to people who committed the crime and sentenced to imprisonment. The practical experience of the application of clemency in foreign countries is analyzed. Particular attention is paid to the comparison of the norms of Ukrainian and foreign legislation in the practice of clemency with revealing its disadvantages and advantages. In particular, the regulations of the Constitutions, the Criminal Codes and other normative acts that refer to the issue of clemency are examined. The study demonstrates that legislative support for the implementation of the clemency in Ukraine is vague as from the standpoint of the theory of law and from the point of view of procedural reliability and transparency of legal decision-making. The study has confirmed the weaknesses of the implementation the mechanism of clemency for people who are sentenced to life imprisonment. It has been found that the practice of applying clemency in Ukraine is accompanied with direct violations of the requirements of normative legal acts. The article provides the analyzes of statistics on the number of people who have been granted the clemency in Ukraine and abroad during 2010-2019. The study has confirmed that the issue of clemency is rare practice nowadays in comparison to the previous years. The results of our research suggest that the application of clemency in all countries is not only justified by the considerations of humanism but the institution of clemency also has a practical purpose, it can contribute to the achievement of the specific political goals. The mechanism of clemency has become an up-to-date issue nowadays in Ukraine legislation, thus the study suggests a number of amendments to the legislation of Ukraine to improve the downsides of the legislative regulation of the mechanism of clemency in the criminal legislation.

scholarly journals Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety

2020 ◽  
pp. 1-16
Author(s):  
Lyubov' Yur'evna Larina
Keyword(s):  
Rapid Development ◽  
Unmanned Vehicles ◽  
European Countries ◽  
Transport Infrastructure ◽  
Transportation Safety ◽  
Legal Norms ◽  
Foreign Countries ◽  
The Subject ◽  
Criminal Legislation ◽  
Practical Recommendations

The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.

scholarly journals International standards for the use of confiscation of earnings gained by illegal means: features of implementation in Russian legislation

2021 ◽  
Vol 2 (12) ◽  
pp. 68-71
Author(s):  
O. S. BATOVA ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
International Standards ◽  
Practical Implementation ◽  
Regional Organizations ◽  
Hard Law ◽  
Foreign Countries ◽  
The United Nations ◽  
Criminal Legislation ◽  
Legal Force

The author examines international standards for the use of confiscation of earnings gained by illegal means, the process of their consistent formation, practical implementation and the problems arising from the ratio of “soft” and “hard” law. The contribution of the United Nations and other international specialized and regional organizations to the consolidation of international standards in the field of confiscation of instruments, means of committing and proceeds from corruption crimes and legalization (laundering) of criminal proceeds is analyzed. International standards are studied in accordance with their legal force and form of consolidation, they are compared with national mechanisms and standards. It also indicates the problems of introducing international law into Russian criminal legislation, provides examples of the practice of foreign countries.

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