Effectiveness of the execution of criminal penalties

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.

Administrative and criminal penalties for a failure to register a vehicle in due time

A determination of amounts of administrative monetary penalties and criminal sanctions resulting from a lack of fulfilment of some of registration obligations imposed on an owner of a vehicle is a practical problem related to the activity of the authorities keeping the vehicle register. Particular doubts are raised not by a necessity to impose a penalty, but by its amount, as well as by a possibility of waiving the penalty. Further doubts are raised by a possibility of applying a criminal liability to entities that have not fulfilled with their obligations. In the present study, the authors, using a dogmatic and legal method, analyse circumstances affecting the amount of the penalty, the possibility of abrogating the penalty, as well as the potential possibility of applying criminal liability.

Ideological Foundations of the Provisions of the Criminal Code on Crime and Punishment

The article examines the ideological foundations of modern criminal legislation, in the aspect of crime and criminal punishability of socially dangerous acts. The author examines the influence of conservative and liberal approaches on the formation of the criminal law, its consistency, as well as the content of individual institutions and provisions. The degree and quality of such an impact of the liberal approach on the essential properties and substantive aspects of criminal legislation is thoroughly studied. In this regard, the author gives illustrative examples of negative manifestations of liberal views, argues argumentatively about the need to reflect the conservative value approach in the current criminal law. Similarly, the question of the manifestations of the liberal idea in the aspect of the formation of the penalization component of the Criminal Code is considered. It is argued that the rejection of the punitive concept of punishment led to the desystematization of the list of criminal penalties.

THE CURRENT STATE OF ENSURING HUMAN RIGHTS IN THE SUPERVISION OF THE LEGALITY OF THE EXECUTION OF CRIMINAL PENALTIES

В статье рассматривается современное состояние обеспечения прав человека при осуществлении надзора за законностью исполнения уголовных наказаний. Анализируется структура органов, реализующих обеспечение прав заключенных под стражу и осужденных, особенности ее функционирования в современных условиях. Описывается содержание реализации контроля уполномоченного по правам человека, ведомственного контроля, а также прокурорского надзора за законностью исполнения уголовных наказаний, судебного, общественного и международного контроля за местами принудительного содержания. Проводится сравнение систем обеспечения прав заключенных под стражу и осужденных в России и зарубежных государствах. Рассматриваются особенности осуществления надзора за законностью исполнения наказаний на современном этапе, взаимодействия органов прокуратуры с общественными наблюдательными комиссиями. The article examines the current state of ensuring human rights in the supervision of the legality of the execution of criminal penalties. The article analyzes the structure of the bodies that implement the rights of prisoners in custody and convicts, the features of its functioning in modern conditions. The article describes the content of the implementation of the control of the Commissioner for Human Rights, departmental control, as well as prosecutor's supervision over the legality of the execution of criminal penalties, judicial and public control over places of forced detention. The author compares the systems of ensuring the rights of prisoners in custody and convicted persons in Russia and foreign countries. The article considers the features of supervision over the legality of the execution of sentences at the present stage, the interaction of the prosecutor's office with public monitoring commissions.

Features of Criminal Liability of Women in the Legislation of Ancient Rus

The article investigates the features of appointment and execution of criminal penalties against women in the legislation of Ancient Rus on the example of the provisions of Russkaya Prostrannaya Pravda (“Russian Extensive Truth”), the Charter of Prince Yaroslav and other historical sources. We should note that punishments and other measures of a criminal-legal nature applied to women during the formation of the state in Rus differ in a number of specific features and characteristics. In particular, during this period, a number of crimes committed only by women were highlighted: crimes against the church (magic), morality (fornication, adultery), murder of the child by his/her mother (“child murder”), abortion, etc. The criminal sanctions applied to the criminals were characterized by severity and cruelty. In some cases, the woman was held liable together with her husband for the crime he had committed. In general, the criminal legislation of the period of Ancient Rus did not differentiate the criminal liability of women.

Formation of the penitentiary System of Soviet Ukraine (first half of the 20th century)

The process of organizing and becoming a system of execution of criminal penalties in Soviet Ukraine has been investigated since the Education of the Ukrainian SSR until 1930 - the beginning of the 1950s.; marked the main stages of the development of the state; The main regulatory acts of the structural and organizational activities of the penitentiary system are analyzed. In the 1920s. The Soviet penitentiary system was considered as a composite punitive system of the state and an effective means of combating the «class enemy». At the same time, the system of correctional institutions in Ukraine has not yet been considered as a means of severe punishment in the conditions of isolation from society, and it was also interpreted as an integral part of the condemnation system of convicts in social waste. The system of execution of criminal penalties to which correctional labor camps and general places of detention were determined. Independent subsystems were considered prison institutions (ordinary and investigative prisons), as well as labor colonies for minors and children's educational colonies. It has been established that under the conditions of Stalinism, an extensive network of the criminal executive system was a kind of foundation of totalitarian regime, was in an organic relationship with the administrative command system. The state administration of criminal and executive institutions in the post-war years carried out, and based on the principles of strict control of various departments of the NKVD, NKGB, MJ, Ministry of Internal Affairs.

Analysis of progressivity, normality and responsibility principles in the progressive system of serving criminal sentences in the form of imprisonment

Ensuring the proper functioning of the progressive system of serving a criminal sentence in the form of deprivation of liberty is an urgent problem for the Republic of Moldova. The international recommendations in this area, as well as the practice of other states that apply the progressive system, in order to identify the most optimal solutions for its implementation are analyzed in the article. Special literature is studied, in which important studies is conducted on the role of sentences execution principles in achieving their goals. Recommendations for changing the existing regulatory framework are formulated. According to the results of the study, the author comes to the conclusion that although most of the principles reflected in the Penal Code of the Republic of Moldova are characteristic of a progressive system of serving sentences, their list is incomplete. International practice recognizes the important role of the principles of normality, responsibility and progressivity in a progressive system of serving a sentence of imprisonment. Therefore, in order to intensify the national correctional process and achieve more effective results in the execution of criminal penalties, it is necessary to expand the list of principles enshrined in the Penal Code of the Republic of Moldova and to create correctional mechanisms that correspond to their proper application.

Problems of penalty execution in the form of deprivation of the right to free movement in Mongolia

Mongolia's criminal policy after the legal reform is focused on the use of non-custodial criminal penalties. For this reason, there is a problem of understanding the social and legal content of these types of punishment. The analysis of the current criminal legislation and the practice of sentencing allowed the authors to draw certain conclusions about the problems of application and execution of punishment in the form of restrictions on the right to free movement.

Implications of Adult-Use Cannabis Legalization from the Perspective of Adolescent Health

Background: Adult-use cannabis legalization is being increasingly embraced by various jurisdictions in the United States (US) and internationally. As adolescents are particularly vulnerable to the negative consequences of cannabis, it is essential to ensure that the effects of adult-use legalization are minimized. Objectives: This review aimed to synthesize the extant literature exploring the impact of adult-use legalization on adolescents and provide recommendations for future action. We focused on the following domains: 1) prevalence of use, 2) high-frequency use, 3) perceived harm, 4) perceived availability, 5) modes of use, 6) potency, 7) mental health and medical outcomes, and 8) legal consequences. Methods: Narrative review is focused on adult-use legalization in the US. Results: Adolescent cannabis use prevalence in US legal (as well as illegal) states has remained essentially stable since the advent of adult-use legalization. Criminal penalties for adolescents have not decreased in legal states and maybe increasing; out-of-school suspensions for cannabis use may also be increasing. It is uncertain whether reported decreases in national rates of perceived harm and availability and increases in cannabis frequency and potency of use in adolescents differ between legal and illegal states. The impact of legalization on adolescent health outcomes remains uncertain. Conclusion: At this early stage of adult-use legalization, we recommend that jurisdictions implement real-time, detailed monitoring to assess adolescent outcomes. In addition, both criminal penalties and out-of-school suspensions for cannabis infractions should be minimized.

A büntetéstan alternatív irányai?

The field of investigation of penology, the concept of criminal penalty as well as its general and specific goals and content have not changed despite drafting and formulating more and more types of criminal penalties in the penal/criminal codes over the past several decades. Regardless of the aforementioned, penology these days must have specific responses to situations – whether it is justified to extend the sphere of criminal penalties to penalties in case of which the goal of imposing penalty can be achieved in other ways, or whether it is necessary to apply the traditional penal measures to facts or perpetrators, in case of whom applying other measures can be more efficient in order to achieve either the protection of society or general prevention. This study is aimed at finding answers to these questions.