Resocialization of persons with repetition of crimes as the social legal problem

Authors

  • Tatiana V. Klenova Samara University, 34 Moskovskoe Highway, Samara 443086, Russia

Keywords:

criminal policy, recidivism, repetition of crimes, resocialization of convicts, resocialization mechanism, atypical regulatory legal act, road map
Supporting Agencies
The materials received by the author and other researches within the social and educational project «Road map of the resocialization and real inclusion into the civil society of persons who have served a criminal sentence and were released from it (2018–2021)».

Abstract

The article presents the authors’ approach to identifying the essential characteristics of the resocialization concept of persons with a repetition of crimes and to the usage of the resocialization mechanism for prevention of repetition of crimes. Herewith the resocialization mechanism is defined as the set of interacting basic structural elements: international law and the interindustry Russian legislation, legal relations connected with imposition, serving and exercise of the punishment, social practice of resocialization assistance for persons who have served a criminal sentence and released from it, legal consciousness of subjects of the resocialization relations. The social request for formation and development of the resocialization mechanism is confirmed in conditions of humanization of criminal policy and insufficiently effective penitentiary policy. And this problem is topical not only concerning persons serving prison term but also persons condemned to alternative punishments and persons under suspended sentence. The practical value of the research is emphasized with its connection with the project «Road Map of resocialization and real inclusion into the civil society of persons who have served a criminal sentence and released from it» implemented with participation of the author of this article.

Author Biography

  • Tatiana V. Klenova, Samara University, 34 Moskovskoe Highway, Samara 443086, Russia

    doctor of science (law), full professor; head of the department of criminal law and criminology, faculty of law

References

  1. Office of the Procurator General of Russian Federation. Sostoyanie prestupnosti v Rossii za yanvar’ – dekabr’ 2018 goda [Condition of crime in Russia in January – December 2018]. Moscow: Head Department of Legal Statistics and Information Technologies; 2019. Russian.
  2. Ministry of Internal Affairs of the Russian Federation. Sostoyanie prestupnosti v Rossii za yanvar’ – dekabr’ 2018 goda [Condition of crime in Russia in January – December 2018]. Moscow: Glavnyi informatsionno-analiticheskii tsentr; 2019. Russian.
  3. Esakov GA, Dolotov RO, Filatova MA, Redchits MA, Tsai KA. Ugolovnaya politika: dorozhnaya karta (2017–2025 gg.) [Criminal policy: road map (2017–2025)]. Мoscow: Centre for strategic research; 2017. 73 p. Russian.
  4. List F. Zadachi ugolovnoi politiki. Prestuplenie kak sotsial’no-patologicheskie yavlenie [Objectives of criminal policy. Crime as a sociopathological phenomenon]. Мoscow: INFRA-M; 2004. 103 p. Russian.
  5. Klimanova OV. [Resocialization of persons who have served criminal penalty and were released from it in regulatory acts: legal gaps and contradictions]. Juridical Journal of Samara University. 2018;4(2):34–40. Russian.
  6. Klenova TV, Shchukina NP. [About the bases and tasks of the atypical regulatory legal act «Road map of resocialization and real inclusion into the civil society of persons who have served a criminal sentence and were released from it»]. Juridical Journal of Samara University. 2018;4(2):29–33. Russian.
  7. Kolokolov NA. [Criminal policy from «concepts» to «road map»]. Library of Penal Law and Criminology. 2018;1(25):33–52. Russian.
  8. Buryi VE. Resotsializatsiya i sotsial’naya adaptatsiya osuzhdennykh k lisheniyu svobody [Resocialization and social adaptation of convicts to imprisonment]. Mogilev: Mogilevskii vysshii kolledzh MVD Respubliki Belarus’; 2014. 172 p. Russian.
  9. Klenova TV, editor. Resotsializatsiya i real’noe vklyuchenie v grazhdanskoe obshchestvo osuzhdennykh [Resocialization and real inclusion in civil society of convicted persons]. Мoscow: Yurlitinform; 2019. 432 p. Russian.
  10. Kvashis VE. Quality problems of criminological researches: the origins and symptoms of the disease. Journal of Russian law. 2018;6:58–68. Russian.
  11. Ponjatovskaja TG. Recidivism in criminology and criminal law. Kriminologicheskii zhurnal Baikal’skogo gosudarstvennogo universiteta ekonomiki i prava. 2014;396–102. Russian.
  12. Klenova TV, Shchukina NP, Adoyevskaya OА. About the Road map of resocialization and real inclusion into the civil society of persons who have served a criminal sentence and exempted from it. Bulletin of the Samara law Institute. 2017;4(26):41–45. Russian.

Downloads

Published

2019-08-26

Issue

No. 2 (2019): Journal of the Belarusian State University. Law

Section

Special Topic Section

How to Cite

[1]
Klenova, T.V. 2019. Resocialization of persons with repetition of crimes as the social legal problem. Journal of the Belarusian State University. Law. 2 (Aug. 2019), 25–32.