Open AccessCurrent problems of stimulating the legal behavior of convicts to punishments without isolation from society
Author(s) -
Kamo K. Garibyan,
AUTHOR_ID
Publication year - 2021
Publication title -
ius publicum et privatum
Language(s) - English
Resource type - Journals
ISSN - 2713-2811
DOI - 10.46741/2713-2811-2021-2-72-75
Subject(s) - punishment (psychology) , incentive , sentence , institution , isolation (microbiology) , relation (database) , criminology , political science , law , law and economics , psychology , sociology , economics , social psychology , market economy , computer science , microbiology and biotechnology , database , artificial intelligence , biology
The article proposes to provide the possibility of applying incentive measures as well as incentive institutions for conditional early release from serving the sentence (hereinafter – grand of parole) and replacing punishment with a softer type of punishment in relation to convicts without isolation from society. The author provides various points of view on this issue, analyzes the experience of using the above incentive institutions in some CIS countries (Belarus, Ukraine). The question of the timing of the offset of punishment for persons recognized as malicious violators, to whom the institution of replacing punishment was applied in accordance with Art. 80 of the Criminal Code of the Russian Federation. In order to increase incentives it seems justified to use the institution of parole in relation to convicts to correctional labor, compulsory labor and restraint of freedom. In relation to those sentenced to compulsory labor it seems necessary to differentiate the conditions for serving the sentence with the possibility of transferring from one conditions to others depending on behavior and attitude to work.