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Journal articles on the topic 'Institution of execution of punishment'

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1

Bohatyryov, I. H., and O. I. Bohatyryova. "STATE POLICY IN THE FIELD OF EXECUTION OF PUNISHMENTS IN UKRAINE: SECURITY DIMENSION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2024, no. 1 (2024): 109–21. http://dx.doi.org/10.32755/sjcriminal.2024.01.109.

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State policy in the field of execution of punishment in the security dimension is implemented by bodies and institutions of execution of punishments of the Ministry of Justice of Ukraine. It is noted that the main subject of the formation of such a policy is the Verkhovna Rada of Ukraine. Because of the fact that Ukraine is on the way to European integration, the state policy in the field of execution of punishment in the security dimension should be consistent with international policy, which plays an important role in the formation and implementation of international standards for the treatm
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2

Oleg, Batiuk. "CONCERNING COMPREHENSION OF CRIMINALISTIC ENSURING INVESTIGATION OF THE CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE." Knowledge, Education, Law, Management 2(26) (December 20, 2019): 23–36. https://doi.org/10.5281/zenodo.3588578.

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 In the provisions of the scientific article the author defines main elements of criminalistic ensuring crime investigation on the whole on the basis of analyzing opinions of the leading scientists of both Ukraine and foreifn countries. It enables to determine the author’s comprehension of criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author characterizes technical, criminalistic and organizational ensuring investigation of crimes committed in punishment execution institutions, as well as expert criminalistic ensuring investigatio
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3

А. B., Skakov. "PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 1 (2020): 47–62. http://dx.doi.org/10.32755/sjcriminal.2020.01.047.

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The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progre
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4

Russkevich, Evgeny. "ON CRIMINAL PUNISHMENT AND DIGITALIZATION." Penal law 19, no. 3 (2024): 457–68. https://doi.org/10.33463/2687-122x.2024.19(1-4).457-468.

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The paper addresses the problems of criminal punishment and digitalization, which has a modifying effect on all spheres of public life. The spread of information and communication technologies is a harbinger of significant changes in the institution of criminal punishment. The content and possible results of the digitalization of punishment are an urgent research task of the modern science of criminal law. The purpose of the study is to obtain new theoretical knowledge about the prospects of the modifying effect of digital technologies on the institution of criminal punishment. According to th
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5

Gorokh, Oleksiy. "Release from Punishment under the Draft New Criminal Code of Ukraine." NaUKMA Research Papers. Law 8 (March 24, 2022): 3–15. http://dx.doi.org/10.18523/2617-2607.2021.8.3-16.

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Reforming criminal law leads to the emergence of new or improvement of existing legal institutions, which actualizes the conduct of thorough research. The purpose of the article is seen in the definition of the author’s vision of the model of the institution of release from punishment in the draft of the new Criminal Code of Ukraine. To achieve this goal using historical and legal, comparative, dialectical, systemic, hermeneutic and other methods, we critically analyzed national and foreign legislation, doctrinal provisions, and highlighted the proposals for the draft of the new Criminal Code
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6

Puzyrov, M. S. "Execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 271–75. http://dx.doi.org/10.24144/2788-6018.2021.04.46.

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The article is dedicated to clarifying the procedure of execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries.
 It is noted that due to the optimization of penal institutions (during 2018–2021, 39 penal institutions were «preserved» in Ukraine), due to the rapid reduction in the number of convicts (including juveniles), the number of special educational institutions (educational colonies) has decreased significantly. Thus, as of the end of 2021, there were 63 persons in 1 educational colony and 1 sector for female juvenile convic
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7

Malinkovska, О. V., О. І. Tymoshchuk, and V. M. Brunevych. "FOREIGN EXPERIENCE OF THE FUNCTIONING OF PENITENTIARY SYSTEMS: PROSPECTS FOR IMPROVING NATIONAL LEGISLATION." Scientific Herald of Sivershchyna. Series: Law 18, no. 1 (2023): 57–71. http://dx.doi.org/10.32755/sjlaw.2023.01.057.

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The article analyzes advanced practices of the functioning of penitentiary systems in foreign countries. Attention was focused on such aspects as: the expediency of using deprivation of liberty as the main form of punishment, the types of institutions for the execution of punishment, the functioning of state and private institutions of deprivation of liberty and the expediency of introducing a similar practice in Ukraine, professional training of personnel of institutions of deprivation of liberty. In particular, it was established that such type of punishment as deprivation of liberty is not
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8

Korniakova, T., and K. Artomov. "THE PROBLEM OF INDIVIDUALIZATION OF THE APPLICATION OF CORRECTIVE MEASURES TO INFLUENCE THE PERSON AND PERSONALITY OF THE LAW OFFENDER." Sciences of Europe, no. 107 (December 24, 2022): 35–38. https://doi.org/10.5281/zenodo.7479725.

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The article carries out a historical analysis of punishment and its orientation, examines the importance of studying the identity of the criminal, individualization in the awarding of criminal punishments, provides examples of an individualized approach to the execution of punishment, and also outlines ways to improve existing legislation
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9

Shabal, Vladimir. "Prospects of life prisoning as a kind of punishment." International penitentiary journal 2, no. 2 (2020): 90–97. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).2.090-097.

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The organization of a sentence execution of life imprisonment in the Republic of Belarus and life imprisonment in the Russian Federation are examined in the article. The legislation was analyzed, and the international experience of execution of these types of punishments was studied. The statistical data necessary for the analysis are provided. Proposals are made to improve the execution of a life sentence. Based on the research, the author comes to the conclusion that the sentence of life imprisonment has a large number of shortcomings that need to be solved. This makes it necessary to improv
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10

Sereda, S. P. "Differentiation and individualization of execution imprisonment when changing the type of correctional institution." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (2019): 78–84. http://dx.doi.org/10.46741/2076-4162-2019-13-1-78-84.

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The article deals with the issues of differentiation and individualization of the execution of punishment in the form of imprisonment when changing the type of correctional institution, problems in the legislative framework and practice of applying the procedure and grounds for changing the type of correctional institution, comparing the specified institution of the penal law with incentives and penalties. The main requirements are analyzed, which should underlie the change in the scope of restrictions and deprivations constituting the content of the sentence of imprisonment when changing the
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11

Rakhimberdin, Kuat Khazhumukhanovich. "THE INSTITUTION OF ARREST AS A PUNISHMENT IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN: COLLISIONS, PROBLEMS, AND APPLICATION PROSPECTS." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 79 (2024): 118–26. https://doi.org/10.52026/2788-5291_2024_79_4_118.

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The article examines doctrinal, legal, and practical issues related to the application of the punishment of arrest provided for in the criminal legislation of the Republic of Kazakhstan. The content of this punishment is analyzed, and its comparison is made with a similar criminal punishment in the Russian Federation. The author notes that in Russian criminal legislation, the purpose of arrest and its content as a type of criminal punishment appears stricter and more repressive than in Kazakhstan. The practice of arrest in Kazakhstan is discussed and summarized, highlighting practical problems
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12

Rozenko, Stanislav Vasilyevich. "About individual aspects of the development of the institution of punishment in the criminal code of RSFSR 1960." Yugra State University Bulletin 15, no. 1 (2019): 31–37. http://dx.doi.org/10.17816/byusu20190131-37.

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The article analyzes the conceptual aspects of the development of the institution of criminal punishment established by the Criminal code of the RSFSR in 1960 as a criminal act of the Soviet state, which formulated a new content of the institution of punishment based on the principles of Soviet law. Fixing in the Criminal code of the RSFSR of 1960 of punishment is a consequence of final refusal of measures of social protection in the Soviet criminal law. Punishment was defined not only as punishment for the committed crime, but also pursued the purposes of correction and re-education of convic
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13

Zvonov, Andrey V. "Activities of penalty execution subjects as a factor in the implementation of its content." Yugra State University Bulletin 20, no. 1 (2024): 71–75. http://dx.doi.org/10.18822/byusu20240171-75.

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Subject of research: activities of subjects of execution of punishment, which are directly related to the regime of criminal punishment, based on a system of restrictions on a specific punishment. Purpose of research: to summarize the available and gain new knowledge about the impact of the activities of the subjects of execution of punishments in the exercise of their powers on the content of the punishment of criminal punishment and the system of criminal penalties in general. Methods and objects of research: the article uses the means and methods of cognition characteristic of science, ensu
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14

Pudovochkin, Yuriy. "Statistical considerations for the exemption from criminal punishment as an institution." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (2022): 134–44. http://dx.doi.org/10.35750/2071-8284-2022-1-134-144.

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Exemption from criminal punishment is one of the intersectoral legal institutions necessary for the full implementation of the reduction of repression principle. The accumulated judicial experience makes it a pressing task to conduct a holistic statistical analysis of judicial practice in order to identify and reveal the leading trends and patterns in the functioning of the institution of exemption from punishment. Such studies have not been carried out in modern Russian science to date. The article presents a first approach to the analysis of official statistical data reflecting the court pos
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15

Abramova, N. G., E. E. Bosak, and A. V. Oskolkov. "THE USE OF PUNISHMENT IN THE FORM OF FORCED LABOR AT THE PRESENT STAGE." Law Нerald of Dagestan State University 35, no. 3 (2020): 128–32. http://dx.doi.org/10.21779/2224-0241-2020-35-3-128-132.

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In this article, through an analysis of scientific literature over the past three years, attention is drawn to the most discussed problematic aspects of the designation and execution of sentences in the form of forced labor at the present stage, which determined the relevance of the chosen topic. It is substantiated that the possibility of a court appointing forced labor as an independent form of punishment is fixed at the legislative level. It has been rightly noted that endowing persons convicted of forced labor with signs of a person who is competitive in the labor market will increase the
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16

ZVONOVA, ANNA. "EXPERIENCE IN CREATING A PROBATION SYSTEM FOR CONVICTS ON THE EXAMPLE OF FRANCE, KAZAKHSTAN AND THE KYRGYZ REPUBLIC." LEGAL BULLETIN 4, no. 7 (2022): 17–26. https://doi.org/10.5281/zenodo.11189476.

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The modern penitentiary policy of most states is aimed at the process of humanizing the execution of criminal punishment. In this regard, the institution of execution of punishments is rapidly developing. without isolation from society, creating and modernization of the probation service. The relevance. The main goal. The creation of a probation service will reduce the level of recidivism, solve the problem of overcrowding in penitentiary institutions, and also contribute to a more effective implementation of the rights and legitimate interests of those sentenced to criminal punishment. The me
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17

Sheremeta, О. P., І. V. Bodnar, and Ye L. Malyshenko. "PARTICULAR ISSUES ON THE REFORMATION OF THE PENITENTIARY INSTITUTIONS SYSTEM IN UKRAINE." Scientific Herald of Sivershchyna. Series: Law 2023, no. 2 (2023): 76–85. http://dx.doi.org/10.32755/sjlaw.2023.02.076.

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In the article, the authors considered the system of institutions for the execution of punishments and its constituent elements, consisting of detention centers, pretrial detention centers, special educational institutions, and open (correctional centers) and closed type penitentiary institutions. The authors identified the main current directions of its reform: to replace the punishment in the form of arrest by introducing instead of it the punishment in the form of deprivation of liberty, but for a shorter period than is currently provided by law, since the adoption of the Criminal Executive
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18

Andrii, Borovyk Андрій Боровик. "MOTIVES OF COMMITTING CORRUPTIBLE OR OTHER CRIMINAL OFFENCES IN THE SPHERE OF PUNISHMENT EXECUTION OF UKRAINE: CONCEPTIONS, CONTENT, THEORETICAL AND PRACTICAL SIGNIFICANCE." Knowledge, Education, Law, Management 1 (25), no. 2019 (2019): 34–43. https://doi.org/10.5281/zenodo.3275637.

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In the provisions of the scientific article, the author examines the concept, content, the theoretical and practical significance of the motives for committing corruption and other criminal offenses in the area of execution of sentences in Ukraine. In conducting an analysis of the opinions of the leading scholars of Ukraine and abroad, the author submits his own definition of "the motives for committing corruption and other criminal offenses in the field of the execution of sentences of Ukraine", namely, they are formed, under the influence of the appropriate social environment
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19

Radchenko, Marina E., and Dmitry N. Matveev. "Execution of criminal penalties and measures of criminal lawpunishment bypenitentiary inspectorates without transport companies in modern conditions." Law Нerald of Dagestan State University 44, no. 4 (2022): 139–44. http://dx.doi.org/10.21779/2224-0241-2022-44-4-139-144.

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Russia's criminal and penal enforcement policy is based on the principles of democracyandhumanism. This confirms the widespread use of punishments and measures of a criminal naturewithout isolationfrom society. Since the institution of execution of punishments and measures of a criminal-legal nature, preventive measures without isolation from society is in the process of active development and improvement, employeesof institutions and bodies executing criminal penalties are faced with a tendency when, for example, thepracticeof executing a suspended sentence does not coincide with some issues
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20

Коростылёва, Ольга Васильевна. "From the bureau of forced labor to the criminal-executive inspections." Vestnik Kuzbasskogo instituta, no. 2(39) (June 20, 2019): 149–56. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/149-156.

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В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполни
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21

Skakov, Aydarkan B. "On the Prospects for the Development of the Execution of Criminal Sentences and Probation in the Republic of Kazakhstan." Ugolovnaya yustitsiya, no. 17 (2021): 120–27. http://dx.doi.org/10.17223/23088451/17/24.

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The progressive system is a complex interdisciplinary institution of criminal and penal law, which includes several independent institutions, In applying them, the legal status of the convict changes depending on the degree of their correction: the scope of their rights is either expanded or limited. In the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional facility, the progressive system has acquired a complete form and can be considered the basis of all punitive and educational influence on convicts. Currently,
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22

Lozhkina, L. V. "CHANGING THE CONDITIONS OF SERVING SENTENCES IN CORRECTIONAL INSTITUTIONS AS A FORM OF IMPLEMENTING A PROGRESSIVE SYSTEM OF EXECUTION OF SENTENCES." Bulletin of Udmurt University. Series Economics and Law 30, no. 6 (2020): 858–63. http://dx.doi.org/10.35634/2412-9593-2020-30-6-858-863.

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The article considers the institution of a progressive system of execution of punishment, in particular, one of its elements - changing the conditions of serving a sentence within one type of correctional institution. A progressive system of execution of sentences is defined as options for an individualized approach defined by the legislator when changing the conditions of execution and serving a sentence in the direction of expanding or narrowing the legal status of a convicted person, taking into account their attitude to the requirements of a specific punishment regime, corrective measures
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23

Ghasemi, Saeedeh, Asghar Abbasi, and Mehdi Esmaeili. "Foundations of Offender-Oriented Leniency Institutions in the Iranian Legal System." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 4 (2024): 81–99. https://doi.org/10.61838/csjlp.6.4.6.

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One of the issues that has long preoccupied the minds of philosophers and scholars in criminal law is the reasoning behind and the objectives of punishments. The question of why offenders are punished and what goals are pursued through their punishment has always shaped the nature of the criminal law systems of various countries, influencing both the types of punishments employed and the methods of their implementation. One objective historically observed in the imposition of various punishments is the rehabilitation and treatment of offenders through the application of different punitive meas
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24

Солоницын, Павел Сергеевич. "PENAL PROCEDURE AND ITS PLACE IN REGULATORY SYSTEM." Vestnik Samarskogo iuridicheskogo instituta, no. 1(42) (March 22, 2021): 95–100. http://dx.doi.org/10.37523/sui.2021.42.1.014.

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В статье анализируется соотношение материальной процедуры уголовно-исполнительного права с уголовно-процессуальным и уголовным законодательством. Делается вывод об оригинальном характере материально-правового регулирования, применяемого в нормативной системе исполнения уголовных наказаний. Уголовно-правовые нормы напрямую воздействуют на процесс исполнения наказания, поскольку их применение судом при назначении наказания связано с определением его основных параметров. Уголовно-правовые нормы, относящиеся к наказанию, являются составной частью комплексной отрасли уголовно-исполнительного права.
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25

Skiba, Andrey, and IRINA KOROBOVA. "INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE «THE DEVELOPMENT OF A SYSTEM OF PUNISHMENTS NOT RELATED TO THE ISOLATION OF CONVICTS FROM SOCIETY. INTRODUCTION OF THE INSTITUTE OF PROBATION IN THE RUSSIAN FEDERATION» (NOVEMBER 15, 2023)." Penal law 18, no. 4 (2024): 560–74. http://dx.doi.org/10.33463/2687-122x.2023.18(1-4).4.560-574.

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On November 15, 2023, the Department of Penal Enforcement Law and the organization of educational work with Convicts of the Academy of the Federal Penitentiary Service of Russia within the framework of the VI International Penitentiary Forum «Crime, Punishment, Correction» held an international scientific and practical conference «Development of the system of punishments not related to the isolation of convicts from society. Introduction of the Institute of Probation in the Russian Federation». The features of the scientific event were a comprehensive discussion of numerous theoretical and app
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26

Ayazbekova, A. "Current Problems of Probation in Criminal Proceedings of the Kyrgyz Republic." Bulletin of Science and Practice 10, no. 12 (2024): 416–20. https://doi.org/10.33619/2414-2948/109/54.

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The article discusses the formation of probation as an institution not related to imprisonment from the experience of foreign countries, functions, and its role. Despite the differences in views and the peculiarities of legislative design in each individual state, the essence of a suspended sentence is the same everywhere: to postpone the execution of punishment for a crime committed under a certain condition, if there is reason to believe that the goals of the punishment can be achieved without actually serving it. The difference between the concepts of punishment and probation as a measure o
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27

Babkina, Elena Viktorovna, and Dmitriy Alekseevich Nikitin. "THE LEGAL BASIS FOR THE ACTIVITIES OF PENAL ENFORCEMENT INSPECTIONS FOR THE EXECUTION OF PUNISHMENT IN THE FORM OF CORRECTIONAL LABOR IN RELATION TO JUVENILE CONVICTS." Penal law 18, no. 4 (2024): 508–15. http://dx.doi.org/10.33463/2687-122x.2023.18(1-4).4.508-515.

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The article analyzes the legal basis of the activities of penal enforcement inspections for the execution of punishment in the form of correctional labor in relation to juvenile convicts. The problems of an organizational and legal nature in the implementation of this type of punishment are revealed. Attention is drawn to the peculiarities of the execution of correctional labor in relation to certain categories of minors. The features of the interaction of penal enforcement inspections with other bodies and institutions of state power in the execution of this type of criminal punishment are co
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28

Hnatchuk, A. Yu. "PENITENTIARY FACILITIES ENFORCEMENT OF COURT DECISIONS REGARDING CONVICTS IN UKRAINE." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2023, no. 1 (2023): 106–18. http://dx.doi.org/10.32755/sjcriminal.2023.01.106.

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The article emphasizes that the penitentiary principles of execution of court decisions against convicted persons in Ukraine are complex multifactorial processes regulated by the Criminal and Executive Code of Ukraine, the Law of Ukraine on Probation, and other regulatory legal acts. On the other hand, the legal definition of penitentiary principles for the execution of court decisions regarding convicts in Ukraine is not established, which in a certain way causes a scientific debate among domestic scientists. Revealing the content of the penitentiary principles for the execution of court deci
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29

Drakić, Dragiša, and Ivan Milić. "Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 999–1022. http://dx.doi.org/10.5937/zrpfns54-29378.

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The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In crimina
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30

Mjahanova, Aleksandra, and Andrey Skiba. "PENAL ENFORCEMENT POLICY OF THE PEOPLE’S REPUBLIC OF CHINA: SOME ASPECTS." Penal law 19, no. 1 (2024): 96–102. http://dx.doi.org/10.33463/2687-122x.2024.19(1-4).1.096-102.

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Taking into account the peculiarities of the Chinese state structure and legislation, the article reveals the main directions of the modern penal enforcement policy of the People’s Republic of China, which consists in a combination of punishment and correction in order to re-socialize convicts in the context of preventing them from committing new crimes and other offenses. Among them: improving the organization of interrelated vocational training and labor use of convicts; ensuring the safety and stability of the administration of the penitentiary institution; improving psychological support f
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31

Karavaev, Ivan, Vladimir Kotlyar, Andrey Antipov, and Ekaterina Ilyinova. "Impact of violation of construction and environmental norms of correctional institutions on the organization of the imprisonment regime." E3S Web of Conferences 244 (2021): 12009. http://dx.doi.org/10.1051/e3sconf/202124412009.

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Imprisonment is the most commonly used criminal punishment in the world. In all countries, there are specialized institutions for the maintenance of those sentenced to this punishment. In Russia they are called correctional institutions. By isolating persons who have committed crimes from the outside world, these institutions perform several tasks at once, ensuring: 1) constant monitoring of convicts; 2) access control; 3) control over the movement of convicts; 4) checking their presence; 5) carrying out activities aimed at detecting prohibited items. All these tasks are aimed at achieving a g
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32

Golovastova, Yulia, and Ludmila Prikhozhaya. "Environmental law and the essence of separation of prisoners sentenced to imprisonment: structural analysis." E3S Web of Conferences 244 (2021): 12006. http://dx.doi.org/10.1051/e3sconf/202124412006.

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The article examines existing approaches and different opinions of scholars-penitentiaries regarding the legal nature of separation of prisoners sentenced to imprisonment. The legal analysis of positions of scholars in the field of criminal executive law, who investigated the essence of separation of prisoners sentenced to imprisonment in various aspects, made it possible to highlight following approaches: 1) principle of institution of execution of punishment in the form of imprisonment; 2) means of ensuring the regime; 3) condition for implementation of principle of differentiation; 4) speci
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33

Andrii, Borovyk. "EXTERNAL ENVIRONMENT INFLUENCE ON CRIMINAL MOTIVATION FORMATION IN THE SPHERE OF PUNISHMENT EXECUTION." Knowledge, Education, Law, Management 2(26) (December 20, 2019): 48–56. https://doi.org/10.5281/zenodo.3588580.

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The author of the scientific article analyzes the peculiarities of activity in the sphere of execution of punishments, as well as the current developments in the science regarding the content of the mechanism of individual criminal behavior. The author identifies three conditional groups of environmental factors that affect its  deployment. The first group includes microsocial factors that are formed in the process of life of the personnel of the UPM, in general, and professional activity, in particular. Prior to second group - circumstances that influence criminal behavior and are i
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34

Zinin, Grigoriy Yur’evich. "ON THE ACTUALIZATION OF ENSURING THE ACHIEVEMENT OF THE GOALS OF PUNISHMENT BY MEANS OF CORRECTION IN MODERN PENAL ENFORCEMENT POLICY AND PRACTICE." Penal law 18, no. 4 (2024): 463–70. http://dx.doi.org/10.33463/2687-122x.2023.18(1-4).4.463-470.

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The article deals with the issues of ensuring the goals of criminal punishment through the implementation of certain means of correction of convicts, which are regulated by the penal enforcement legislation of the Russian Federation. The solution of certain tasks assigned to the criminal law is possible through the introduction of amendments to the legal regulation and practice of the use of basic means of correction of convicts. The author actualizes such a means of correcting convicts in the execution of a custodial sentence as vocational training. The analysis of the impact of the considere
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35

Звонов, Андрей Викторович. "Mechanism of interaction of criminal penalties at the stage of execution of the sentence of the court: theoretical and practical issues of punishment replacement." Vestnik Kuzbasskogo instituta, no. 2(43) (June 22, 2020): 39–50. http://dx.doi.org/10.53993/2078-3914/2020/2(43)/39-50.

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Статья посвящена вопросам функционирования системы уголовных наказаний в аспекте взаимодействия ее объектов на стадии исполнения вступившего в законную силу приговора суда. Среди множества форм такого взаимодействия внимание акцентируется на замене наказания как более мягким, так и более строгим наказанием. Индивидуализируя особенности замены отдельных наказаний и дифференцируя их по группам, выявляются проблемные вопросы реализации данного уголовно-правового института. Полученные результаты проведенного исследования позволяют говорить об отсутствии у законодателя системного подхода к формиров
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36

Boga, Sevgi. "Evalution of the Mental Symptoms of Convicts and Detainees in Punishment and Execution Institution." Procedia - Social and Behavioral Sciences 113 (February 2014): 207–12. http://dx.doi.org/10.1016/j.sbspro.2014.01.027.

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37

Oleg, Batiuk Олег Батюк. "APPLYING SPECIAL KNOWLEDGE TO INVESTIGATING CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE." Knowledge, Education, Law, Management 1 (25), no. 2019 (2019): 16–23. https://doi.org/10.5281/zenodo.3275599.

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In the provisions of the scientific article the author examines the possibilities of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, analyzes in criminal law procedural and non-procedural forms of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, characterizes subjects of applying special knowledge to investigating in PEI of Ukraine, discovers the peculiarities of subjects’ applying special knowledge to investigating crimes committed in PEI of Ukraine and suggests the
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38

Melyukhanova, Evgeniya E. "The crisis of criminal punishment: the state and conditioning." Yugra State University Bulletin 18, no. 4 (2023): 20–24. http://dx.doi.org/10.18822/byusu20220420-24.

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Subject of research: the institution of criminal punishment, the state of which is often assessed as a crisis. The debatable nature of the issue of the crisis of criminal punishment generates diametrically opposite judgments about the presence of a crisis, or about its absence.
 Purpose of research: to determine the presence or absence of a state of crisis of criminal punishment, as well as the conditionality of the existence of discussions about the crisis of criminal punishment.
 Methods and objects of research: the dialectical method of cognition of socio-legal phenomena is used a
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39

Utkin, Vladimir A. "The rights of convicts in correctional institutions: restrictions and provision." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 46 (2023): 96–106. http://dx.doi.org/10.17223/22253513/46/7.

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The theory of criminal and penal (executive-labour) law has historically developed two main approaches to the definition of deprivation of liberty. The first one, which, conventionally speaking, can be called 'substantive', consists of attempts to exhaustively establish the entire set (legal substance) of personal law restrictions, the set of which forms the legal content of this punishment. As noted above, attempts have also failed to achieve the objective, as the enumeration of many specific restrictions has always ended with disclaimers such as "etc.". Other scholars, whose approach can be
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40

Kozhokaru, Vladimir. "On the issue of penitentiary institutions classification." International penitentiary journal 2, no. 3 (2020): 182–89. http://dx.doi.org/10.33463/2712-7737.2020.02(1-3).3.182-189.

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The penitentiary system of the Republic of Moldova has entered a stage of reform since it was transferred from the Ministry of Internal Affairs to the Ministry of Justice. For about 20 years under the auspices of the Ministry of Justice, similar to the European penitentiary systems, the national system has been experiencing the same difficulties: a high rate of recidivism, overcrowding in places of detention, an increase in cases of detection of prohibited items and substances in penitentiary institutions, lack of staff and insufficient financial resources. The situation at the national level
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41

Храмков, Р. П. "Соотношение отсрочки отбывания наказания со смежными правовыми категориями". Modern scientist, № 8 (11 листопада 2024): 404–11. https://doi.org/10.58224/2541-8459-2024-8-404-411.

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будучи самостоятельным институтом уголовного и уголовно-исполнительного права, отсрочка отбывания наказания по целому ряду черт обнаруживает сходство с такими правовыми категориями, как отсрочка исполнения приговора, освобождение от наказания в связи с болезнью, условное осуждение, условно-досрочное освобождение от отбывания наказания, отсрочка исполнения штрафа, освобождение от наказания военнослужащих. Данное обстоятельство побуждает к определению юридической природы перечисленных объектов и поиску ответа на вопрос, верно ли законодатель определил их место в системе уголовного права и правов
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42

Skakov, A. B. "NEW PROVISIONS IMPLEMENTED IN CRIMINAL POLICY PURSUED BY THE REPUBLIC OF KAZAKHSTAN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 1 (2021): 42–52. http://dx.doi.org/10.32755/sjcriminal.2021.01.042.

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The article is devoted to modern approaches and the formation of author’s proposals regarding new provisions implemented in the criminal policy pursued by the Republic of Kazakhstan. It is noted that the criminal policy has three components: criminal, criminally-remedial and penal policies. It is possible and necessary to determine the degree of effectiveness of the implemented criminal policy only on the basis of the results of all its components and the development of modern preventive measures in order to prevent crime. The analysis of the criminal, criminally-remedial and penal legislation
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43

Harasym, Pavlo, Oleksii Humin, Roman Shai, Svitlana Soroka, and Anna Bondarchuk. "Legislative perspectives of ensuring public control over the observance of the rights of convicts in Ukraine." Cuestiones Políticas 41, no. 79 (2023): 290–300. http://dx.doi.org/10.46398/cuestpol.4179.19.

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The study conducted an analysis of the concept of public control over the observance of the rights of convicted persons in the field of enforcement of sentences and parole. On the basis of the use of general methods and reflective points of view, the definition of public control over the observance of the rights of convicted persons was formulated. In addition, the use of separate special scientific methods provides arguments for the expediency of making changes in the Criminal Executive Code of Ukraine, by enshrining in it a separate chapter that would regulate legal relations in the sphere o
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44

Babayan, Sergei L., Nikolai V. Ol’khovik, Svetlana A. Fadeeva, Irina A. Lakina, and Lidiya P. Pitkevich. "Theoretical, Legal and Organizational Foundations of Volunteer Activities in the Field of Social Adaptation of Individuals Sentenced to Non-Custodial Punishment in Russia." Penitentiary science 15, no. 3 (2021): 621–27. http://dx.doi.org/10.46741/2686-9764-2021-15-3-621-627.

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Introduction: the article investigates theoretical, legal and organizational foundations for participation of volunteers in the social adaptation of individuals convicted to non-custodial punishments. Aim: we review theoretical, legal and organizational foundations of the work of volunteers in the field of execution of sentences in Russia and foreign countries and show the prospects for their participation in the social adaptation of individuals convicted without isolation from society in our country. Methods: comparative legal, empirical methods of description, interpretation, theoretical met
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45

Toleubekova, B., and T. Khvedelidze. "THE SYSTEM OF PRINCIPLES OF PENAL LAW: PROBLEMS OF ENSURING THEIR OBSERVANCE (ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN)." Znanstvena misel journal, no. 80 (July 25, 2023): 48–51. https://doi.org/10.5281/zenodo.8181293.

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The penal legislation of the Republic of Kazakhstan, based on the Constitution of the country and generally recognized principles and norms of international law, contains an independent norm with the exhaustive list of principles focused exclusively on achieving aims and tasks related to the execution of court-ordered criminal punishments. However, none of the principles is supported by any security norms, which in legal theory and practice are called safeguards. The penal and correctional system is quite a problematic area for any country, which is associated with many peculiarities in the ob
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46

Yost, Benjamin S. "Kant's Justification of the Death Penalty Reconsidered." Kantian Review 15, no. 2 (2010): 1–27. http://dx.doi.org/10.1017/s1369415400002417.

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It is hard to know what to think about Kant's ‘passionate sermons’ on capital punishment. Kant clearly feels that it is one of the most important punishments in the state's arsenal. But his vehement insistence on the necessity of execution strikes many readers as philosophically suspect. Critics argue that Kant's embrace of the death penalty is incompatible with, or at least not required by, the fundamental tenets of his moral and legal philosophy (Schwarzschild 1985; Merle 2000; Potter 2002; Hill 2003). These arguments typically employ one of two strategies. The first is to deny that executio
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47

Khadzhiev, Beslan Kh. "Some Challenging Aspects of Enforcement of Court Rulings in the Modern Russia." Advocate’s practice 3 (June 29, 2023): 54–57. http://dx.doi.org/10.18572/1999-4826-2023-3-54-57.

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The issues of making a court decision, as well as its execution, are related to such institutions as the imposition of punishment, and the execution of judicial acts. To date, the issues of execution of the court decision are assigned to various executive authorities. Within the framework of the conducted research, the author analyzes the state of execution of adopted judicial acts in Russia. The study showed that there are problems in the activities of executive authorities, indicating the inef􀏐iciency of the system of execution of judicial acts. This provision explains the relevance of the i
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48

Лисодєд, О.В., та К.С. Остапко. "Органи та установи виконання покарання у виді позбавлення волі в Україні (1917–2004 роки)". Форум права 67, № 2 (2021): 31–45. https://doi.org/10.5281/zenodo.4650273.

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<strong>Постановка проблеми. </strong>Революції 1917 р. привели до краху тюремної системи Російської імперії, а радянська влада заявила про повну відмову від імперської системи органів і установ виконання покарання у виді позбавлення волі і створення абсолютно нової, радянської системи, яка, з часом, отримала назву виправно-трудової. <strong>Метою</strong> статті є з&rsquo;ясування місця органів та установ виконання покарання у виді позбавлення волі у виправно-трудовій системі України у період 1917-2004 рр. У статті використані <strong>методи</strong>: діалектичний метод дослідження правових я
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49

Yuzhanin, V. Е. "Prospects for Expanding the Subject of Penal Law." Lex Russica, no. 10 (October 24, 2019): 114–22. http://dx.doi.org/10.17803/1729-5920.2019.155.10.114-122.

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The paper notes that the issue of the independence of penal law as a branch is not relevant; still the issue on the subject of this branch of law, which is understood in a narrow (classical) and broad senses, remains acute. The classical definition of the subject consists of social relations arising in the execution of all punishments, and now other measures of a criminal law nature. Currently, scientists are increasingly talking about the need to expand the subject of penal law due to the inclusion of public relations in the execution of measures of restraint in form of detention and house ar
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Korneev, Sergey, Evgeniy Prys, Yuliya Mityukova, and Yuliya Bystrova. "Building of an arrest houses network ensuring execution of punishment." BIO Web of Conferences 65 (2023): 08006. http://dx.doi.org/10.1051/bioconf/20236508006.

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Since the adoption of the current Criminal Code of Russian Federation, arrest as a type of criminal punishment has not been reflected in law enforcement activities due to the lack of specialized state institutions on the territory of Russian Federation - arrest houses. The authors believe that this fact narrows the variability of the means of criminal legal influence of the state in the fight against crime and does not reveal the true potential of arrest. According to preliminary calculations, the number of those sentenced to arrest in Russian Federation may be approximately 60-70 thousand peo
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