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Title of Article

APPLICATION OF PENALTIES DURING EXECUTION OF PUNISHMENTS IN THE FORM OF COMPULSORY, CORRECTIONAL AND FORCED LABOR


Issue
3
Date
2021

Article type
scientific article
UDC
343.28
Pages
74-78
Keywords
 


Authors
Vatylev G.M.
Mezhregionalnyy uchebnyy tsentr Upravleniya Federalnoy sluzhby ispolneniya nakazaniy Rossii po Tulskoy oblasti


Abstract
The problems of applying penalties in relation to those convicted to punishments in the form of compulsory, corrective and forced labor are discussed. The article analyzes the impact of the use of penalties on the formation of an incentive in convicts to law-abiding behavior while serving these types of sentences. The author suggests ways to improve the application of penalties in relation to this category of convicts, including in matters regulating the timeliness of the imposition of a penalty by the administration, in which the convict is serving a sentence in the form of compulsory and corrective labor; interaction between the administration of the organization in which the convict is serving forced labor and the administration of the correctional center. The article deals with the problem of insufficient regulation in the case of the application of such a measure of punishment as placement in the premises for offenders in relation to those sentenced to forced labor. It is also proposed to provide for toughening, due to insufficient efficiency, measures to replace the unserved part of the punishment in the form of correctional labor with imprisonment, in case of malicious evasion of the convicted person from serving the sentence. The possibility of bringing convicts serving compulsory and corrective labor to administrative responsibility in case of violation of public order is being considered. The effectiveness of the individualized application of any of the penalties is analyzed, taking into account the various features characterizing the personality of a convict serving a sentence in the form of compulsory and corrective labor. The problems of regulating the application of penalties from a legal point of view are demonstrated, proposals for the modernization of the criminal and penal legislation of Russia are presented.

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