Resocialization as a goal of punishment (on the example of the Republic of Belarus)

2020 ◽  
pp. 113-122
Author(s):  
Александр Александрович Тит
Keyword(s):  
Law Enforcement ◽  
Social Adaptation ◽  
The Republic ◽  
Criminal Legislation

Рассматриваются вопросы повышения эффективности исполнения наказаний в Республике Беларусь. Автором обосновывается, что закрепленные в уголовном законодательстве Республики Беларусь цели наказания не в полной мере соответствуют сложившейся правоприменительной практике. Решение указанной проблемы предлагается осуществить посредством установления новой цели наказания - ресоциализации. Автор предлагает включить в содержание ресоциализации две составляющие: 1) исправление осужденного и 2) его социальной адаптации. The issues of improving the efficiency of the execution of sentences in the Republic of Belarus are considered. The author points out that the goals of punishment stipulated in the criminal legislation of the Republic of Belarus do not fully correspond to the established law enforcement practice. It is proposed to solve this problem by establishing a new goal of punishment-re-socialization. The author suggests including two components in the content of resocialization: 1) correction of the convicted person and 2) his social adaptation.

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 Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

2020 ◽  
Vol 14 (4) ◽  
pp. 473-479
Author(s):  
I.V. Azarova ◽  
◽  
I.V. Dvoryanskov ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Fine Property ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation ◽  
Penal Sanctions

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus.As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point outthat this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment.Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine.

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 Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

2021 ◽  
Vol 14 (4) ◽  
pp. 551-555
Author(s):  
Irina V. Azarova ◽  
Ivan V. Dvoryanskov
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Fine Property ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation ◽  
Penal Sanctions

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus. As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point out that this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment. Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine. Key words: property; fine; court imposed fine; punishment goals; punishment effectiveness.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

LEGAL ASPECTS OF PERFECT DEATH PENALTY IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
Vol 73 (7) ◽  
Author(s):  
Dzhansarayeva Rima Yerenatovna ◽  
Malikova Sholpan Baltabekovna ◽  
Atakhanova Gulzagira Makhatovna ◽  
Omarova Aiman Bekmuratovna
Keyword(s):  
Death Penalty ◽  
Legal Aspects ◽  
The Republic ◽  
Criminal Legislation

Soft Law Enforcement in the Nigerien Gendarmerie

2017 ◽  
Author(s):  
Mirco Göpfert
Keyword(s):  
Law Enforcement ◽  
Soft Law ◽  
The Law ◽  
The Republic

This chapter explores how gendarmes in the Republic of Niger, notwithstanding their aspiration for popular legitimacy, try to justify their actions, not to others, but to themselves. Civilians bring the stories of their problems to the gendarmes’ attention in the form of complaints. Whether a complaint turns into a case, and thus whether the gendarmes become active, depends on their appreciation of the complainant’s story and whether their ‘vocational ear’ is attuned to this story; and their vocational ear functions much more in terms of the material and moral gravity of the alleged offence, not in terms of the law.

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