Features of application of punishments without isolation of convict from society and determination of their purposes in the legislation of foreign countries: comparative legal analysis

  • Elena O. Mayorova Ryazan Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russia, 18 First Krasnaya Street, Ryazan 390043, Russia https://orcid.org/0000-0002-9968-2982

Abstract

This article contains a comparative legal analysis of both fixing and applying penalties of the alternative penitentiary bloc in foreign countries, and determining their goals in the execution process. Attention is drawn to the refusal of the majority of foreign countries to legislate the goals of criminal punishment, including without isolating the convicted person from society, which seriously complicates the activities of the judicial and law enforcement agencies in the appointment and execution of sentences, and reduces the quality of justice. The author concludes that the consolidation in the criminal law of Russia, as well as a number of neighboring countries, of the institution of the goals of criminal punishment characterizes their legal system as developed, consistent with the main global trends and directions in the field of their purpose and execution, indicating the importance for the legislator of the final result which is to prevent the commission of new crimes.

Author Biography

Elena O. Mayorova, Ryazan Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russia, 18 First Krasnaya Street, Ryazan 390043, Russia

head of the office of the department of criminal law and criminology

References

  1. Teplyashin PV. Retrospective basis and modern problems of the influence of international penitentiary standards and rules upon Russian criminal-executive legislation. Legal Science and Law Enforcement Practice. 2011;1(15):15–25. Russian.
  2. Zaichenko VA. [Alternative deprivation of liberty of punishment as a means of optimizing the system of criminal punishment in the United States] [dissertation]. Samara: Samara State University; 2005. 226 p. Russian.
  3. Nikiforov BS, Reshetnikov FM. Sovremennoe amerikanskoe ugolovnoe pravo [Contemporary american criminal law]. Moscow: Nauka; 2014. 256 p. Russian.
  4. Bradshaw W, Roseborough D, Umbreit MS. The effect of victim offender mediation on juvenile offender recidivism: a meta-analysis. Conflict Resolution Quarterly. 2006;24(1):87–98. DOI: 10.1002/crq.159.
  5. Latimer J, Dowden C, Muise D. The effectiveness of restorative justice practices: a meta-analysis. The Prison Journal. 2005;85(2):127–144. DOI: 10.1177/0032885505276969.
  6. Gilyazova OG. [On the question of alternative types of execution of criminal sentences in Russia and abroad]. Ugolovno-ispolnitel’noe pravo. 2013;1(11):11–14. Russian.
  7. Tabaldieva VSh. Mezhdunarodnoe sotrudnichestvo v sfere ugolovnogo sudoproizvodstva [International cooperation in the field of criminal proceedings]. Moscow: MODEK; 2014. 192 p. Russian.
  8. Men’shikh AA. [French penal law]. Zhurnal rossiiskogo prava. 2010;3:118–127. Russian.
  9. Korobeev AI, editor. Ugolovnyi kodeks Kitaiskoi Narodnoi Respubliki [The Criminal Code of the People’s Republic of China]. Saint Petersburg: Yuridicheskii Tsentr Press; 2010. 303 p. Russian.
  10. Krylova NE, editor. Ugolovnoe pravo zarubezhnykh stran. Obshchaya i Osobennaya chasti [Criminal law of foreign countries. General and Special Parts]. Moscow: Yurait; 2013. 1054 p. Russian.
  11. Korobeev AI, Chuchaev AI. [The Criminal Code of China: general description (on the 20th anniversary of adoption)]. Aktual’nye problemy rossiiskogo prava. 2018;2(87):151–199. Russian.
  12. Reshetnikov FM. The legal system of Latin American countries. Comparative Law. 2016;2:11–16. Russian.
  13. Ramez AE. Nakazanie po ugolovnomu pravu arabskikh stran [Punishment of the criminal law of the Arab countries] [dissertation]. Moscow: [s. n.]; 2002. 161 p. Russian.
Published
2020-01-09
Keywords: punishment without isolation of the convict from society, the purpose of criminal punishment, correction of the convict, re-education of the convict, prevention of new crimes, intimidation, retaliation, community service, fine, confiscation of property
How to Cite
Mayorova, E. O. (2020). Features of application of punishments without isolation of convict from society and determination of their purposes in the legislation of foreign countries: comparative legal analysis. Journal of the Belarusian State University. Law, 3, 80-85. Retrieved from https://journals.bsu.by/index.php/law/article/view/1587
Section
Сriminal Law, Criminal Procedure and Criminalistics