Vol 4, No 2 (2018)

Full Issue

Events

«RESOCIALIZATION AND REAL INCLUSION INTO THE CIVIL SOCIETY OF PERSONS WHO HAVE SERVED A CRIMINAL SENTENCE AND RELEASED FROM IT». INTERREGIONAL RESEARCH AND PRACTICAL CONFERENCE WITH INTERNATIONAL PARTICIPATION. 23 MAY 2018

Klenova T.V.

Abstract

Значимым событием в общественно-политической жизни Самарской области стала межрегиональная научно-практическая конференция с международным участием «Ресоциализация и реальное включение в гражданское общество лиц, отбывших уголовное наказание и освобожденных от него», проведенная 23 мая 2018 года Самарским национальным исследовательским университетом имени академика С.П. Королева при участии и поддержке правительства Самарской области, Общественной палаты Самарской области, Союза женщин Самарской области, Самарского регионального отделения Общероссийской общественной организации «Ассоциация юристов России», УФСИН России по Самарской области, ГУ МВД России по Самарской области, Самарского юридического института ФСИН России, Самарского государственного медицинского университета, Тольяттинского государственного университета и др. В 2017 году проект № 17-1-008568 «Дорожная карта ресоциализации и реального включения в гражданское общество лиц, отбывших уголовное наказание и освобожденных от него (2018–2021 гг.)», заявленный Союзом женщин Самарской области при научном обеспечении Самарского национального исследовательского университета имени академика С. П. Королева, получил грант Президента Российской Федерации на развитие гражданского общества, предоставленный Фондом президентских грантов. Благодаря этому гранту состоялась настоящая конференция. Место проведения конференции – конференцзал правительства Самарской области (г. Самара, ул. Молодогвардейская, д. 210). Число участников – более 300 человек. Особая значимость события была подчеркнута приветствием временно исполняющего обязанности губернатора Самарской области Дмитрия Игоревича Азарова, которое передал участникам конференции Владимир Игоревич Моргунов, заместитель руководителя администрации губернатора Самарской области – руководитель Главного правового управления. «Проведение конференции является важным событием как для нашего региона, так и для всей России в целом, – говорилось в обращении. – Отрадно, что именно в Самаре совместными усилиями ученых и общественных организаций разработан серьезный социальный проект, удостоенный гранта Президента Российской Федерации. К сожалению, зачастую оступившиеся граждане оказываются вычеркнутыми из общественной жизни, не чувствуют себя востребованными. И как следствие  - возвращаются к незаконной деятельности. Мы должны сделать все возможное, чтобы минимизировать такие случаи». Апробация проекта «Дорожная карта ресоциализации и реального включения в гражданское общество лиц, отбывших уголовное наказание и освобожденных от него  (2018–2021 гг.)» (далее – Дорожная карта) стала основной целью конференции. Дорожная карта была представлена в качестве нового нетипичного нормативного правового акта, который бы выполнил одновременно политическую и технико-юридическую роль в ресоциализационном процессе и стал бы базовым официальным источником законодательства о ресоциализации. Дорожная карта – пример «коллегиального» нормативного правового акта, поскольку предполагается, что в его разработке и принятии будут участвовать представители государственной власти совместно с представителями гражданского общества. Проблема предупреждения преступности в равной степени интересует государство и общество и может обусловить реальное социальное партнерство государства и активных участников гражданского общества.

Juridical Journal of Samara University. 2018;4(2):7-8
pages 7-8 views

Criminal law

INTERRELATIONS BETWEEN THE CRIME, CRIMINAL LAW AND CRIMINAL POLICY WITHIN E. TOFFLER «WAVE THEORY» CONTEXT

Romashov R.A.

Abstract

Author analyzes different approaches to the «crime» and «criminality» phenomenon understanding and criminal policy during formation and development of the Russian criminal law. He proposes E. Toffler «wave theory» as a basis of comparative analysis. According to this theory there were three waves of civilization’s progress in the history of mankind, which were independent of society’s national and cultural characteristics or political structure and regime. There were agricultural, industrial and informational «Toffler’s waves». Within each wave’s framework all social links from family to state, law and economy foundations are transformed. During all periods of its history, Russia was inclined to the first wave, the Earth culture. According to it the will of the state bureaucracy became a law. We can see simultaneous affection of the second and the third wave onto political and law system in contemporary world. It predetermines both possibility of advancing Russian state-law system on the higher level of civilization development, also rises the destructive changes linked with «wave incompatibility» danger.

Juridical Journal of Samara University. 2018;4(2):9-16
pages 9-16 views

STRATEGIC PRIORITIES OF CRIMINAL LAW – RETRIBUTION OR RESOCIALIZATION?

Bibik O.N.

Abstract

The article deals with the  problem of determining the priority directions of application of criminal law. It is noted that criminal law is more focused not on resocialization, but on retribution, which entails serious social costs. This is explained by the theory of expected utility, according to which people often ignore the long-term consequences, show myopia. The society demands retribution and thus groundlessly hopes that subsequently the criminal after the served sentence will correct. This problem is considered through the prism of the laws established in economic science in relation to the sphere of investment and consumption. Society and the state in committing a crime are forced to choose between immediate satisfaction of their needs for retribution (consumption) and the complete or partial abandonment of criminal prosecution, resocialization of the person (investment). This rejection of investment will lead in the future to reduce the effectiveness of the criminal justice system (paradox of thrift). It is concluded that only cultural stereotypes are an obstacle to the revision of the criticized strategy.

Juridical Journal of Samara University. 2018;4(2):17-23
pages 17-23 views

CONCEPT OF PUNISHMENT IN THE CRIMINAL LEGISLATION OF RUSSIA

Bezverkhov A.G.

Abstract

This article examines methodological and legal and technical issues of the legislative definition of the concept of punishment in the Criminal Code of the Russian Federation. It is proved that the normative concept of this measure of an angular-legal character is complex-structured, branched, and its signs are dispersed in the set of normative prescriptions of the General and Special Parts of the Criminal Code of the Russian Federation. The author substantiates the provision that justice can not be oriented simultaneously to several purposes of punishment without harm to the process of taking a judicial decision, since the goals listed in the criminal law and inadmissibility can not be fully realized simultaneously. It is shown that the content of the general concept of punishment can be filled with different meanings and can not be formulated in the criminal law absolutely and unequivocally. Hence, the legislative definition of the concept of punishment must be formal. Formally define criminal punishment means to indicate in the law its scope (that is, the form of the concept). It is suggested to define the concept of punishment first of all by establishing and formulating in the criminal law a system of principles for applying this measure of state coercion (the principle of legitimacy is no punishment without a crime, the principle of legality is no punishment without law, the principle of publicity – punishment is applied only on behalf of the state on the verdict of the court, the principle of guilty responsibility is punishable only by a person convicted of a crime, the principle of proportionate liability is that it is not possible to be punished twice for the same thing, the principle of humanity – penalty may not be designed to cause physical suffering or degradation; etc.), and the general principles of its use. The legislative definition of punishment should also be reflected in the General and Special Parts of the Criminal Code of the Russian Federation by designating specific types of criminal punishment and determining the measure of each of them with the establishment of clear limits to its application. Attention is drawn to the fact that the procedure and conditions for execution and serving of sentences are regulated by the criminal-executive legislation of the Russian Federation; this circumstance means that the essential properties and relations of the notion of punishment are displayed in the adjacent (criminal) legislation.

Juridical Journal of Samara University. 2018;4(2):24-28
pages 24-28 views

ABOUT THE BASES AND TASKS OF 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»

Klenova T.V., Shchukina N.P.

Abstract

The article deals with questions of resocialization and real inclusion into the civil society of persons who have served criminal penalty and were exempted from it and it is emphasized that the value of these questions increases in the conditions of inefficient penitentiary criminal policy and steadily high level of repeated criminality. Authors come to a conclusion that there is a social request for improvement of legal regulation of resocialization relations and fixing of post-penitentiary criminal policy and resocialization actions in conceptually clear and systematized regulatory legal act. It explains the choice of a research objective – to characterize a basic official source of legislation on resocialization. The article task is to establish the bases of relevant regulatory legal act and to consider resocialization process from the point of view of its main result – inclusion into the civil society of persons who have served criminal penalty and were exempted from it. The conclusion that decrease of repressive maintenance of penitentiary criminal policy has to be compensated by resocialization post-penitentiary criminal policy for convicts is drawn. It is offered to accept the Road Map of resocialization and real inclusion into the civil society of persons who have served a criminal sentence and were released from it. It is an example of the «joint» regulatory legal act as it is supposed that representatives of the government together with representatives of civil society will participate in its development and enactment.

Juridical Journal of Samara University. 2018;4(2):29-33
pages 29-33 views

RESOCIALIZATION OF PERSONS WHO HAVE SERVED CRIMINAL PENALTY AND WERE RELEASED FROM IT IN REGULATORY ACTS: LEGAL GAPS AND CONTRADICTIONS

Klimanova O.V.

Abstract

The article is devoted to the research of legal bases and legal limits of resocialization of persons who have served criminal penalty and were released from it that is especially important in view of interbranch and interdisciplinary character of this phenomenon which is a subject of attention not only of legal, but also sociological sciences. For valuation of systemacity of legislation on resocialization 22 federal legal acts, 81 regional and municipal legal acts were investigated by the author. On the basis of the analysis of current legislation conclusions on deficiency of interrelation and interaction of norms on penitentiary and postpenitentiary resocialization, on a discrepancy of volume of legislative concepts of resocialization and social adaptation with the content of their qualitative signs and also on deficiency of special legal warranties for the released person on rendering the assistance in adaptation to essentially new living conditions to him are drawn. As a result the directions of improvement of current federal legislation which are designed to improve the quality of regional legal acts subsequently and to correct practice of resocialization of persons who have served criminal penalty and were released from it locally are offered.

Juridical Journal of Samara University. 2018;4(2):34-40
pages 34-40 views

PRACTICE OF ASSIGNING A CRIMINAL OFFENSE FOR PERSONS WHO HAVE REPEATEDLY COMMITTED CRIMES TO ENSURE RESOCIALIZATION

Pivovarova A.A.

Abstract

The article deals with the problem of interrelation between the criminal sentence and resocialization of convicts. Data concerning the number of people returning to crime as well as people convicted on the judgement of guilt considering their prior convictions is analyzed with the view of identifying a way of influencing the level of recidivism through punishment assignment practice. The author justifies the idea of criminal punishment efficiency increase and criminal record improvement through ensuring a real opportunity for the convict to form a new social status after sentence completion. Resocialization as a complex multi-stage process should be launched at the stage of determining the type and amount of punishment for the guilty by the court. The analysis of penalties imposed on people with unexpunged or outstanding convictions enables the author to arrive at the conclusion about the necessity of setting the judges a special task of ensuring resocialization in order to achieve the goals of criminal punishment.

Juridical Journal of Samara University. 2018;4(2):41-46
pages 41-46 views

ASSIGNING AND EXECUTION OF SANCTIONS RELATED TO EMPLOYMENT EFFECTS AND THE POSSIBILITY OF RE-SOCIALIZATION OF PRISONERS

Idrisov I.T.

Abstract

The article attempts to assess the effectiveness of alternative punishments with labor impact from the point of view of resocialization purposes. It is concluded that wide possibilities of resocialization of convicts are conditioned by the preservation of their professional, labor skills, as well as the duration of resocialization influence in connection with the continuation of socially useful activities and after serving such sentences. Moral and psychological influence on convicts, effective informal social control on the part of the family, labor collective, friends, and socially useful joint work are considered as factors contributing to the successful resocialization of convicts to alternative punishments associated with labor influence. The expediency of the use of labour-related penalties in law enforcement is confirmed by the low rate of recidivism. The article defines the ways to overcome the shortcomings of current regulation of mandatory, corrective, forced labor, impeding the resocialization of convicts.

Juridical Journal of Samara University. 2018;4(2):47-52
pages 47-52 views

RESOCIALIZATION IN THE CONTEXT OF NORMATIVE REGULATION MEASURES OF A CRIMINAL-LEGAL NATURE

Pudovochkin Y.E.

Abstract

The crisis of criminal punishment, for which experts have been monitoring for about half a century, has actualized the search for a new model of a criminal-legal response to a crime. In the domestic law-making and law-enforcement practice, the answer to this urgent challenge is associated with the development, along with criminal punishment, of a parallel system of criminal law measures. Meanwhile, the theory in this part is still lagging behind the practical needs of crime prevention. One of the directions of its long-term development may be the idea of isolating in the series of criminal-legal measures of specific preventive measures that, while not being punished and retribution for fault, are aimed at meeting the specific needs of the person who committed the crime, the victim and society. Among such measures, measures of resocialization of convicts that can be applied, regardless of the age of the perpetrator, the gravity of the crime committed, along with and instead of punishment, can find a worthy place.

Juridical Journal of Samara University. 2018;4(2):53-60
pages 53-60 views

ON COUNTERACTING RECIDIVISM (BASED ON THE PRACTICE OF THE INVESTIGATIVE COMMITTEE OF THE RUSSIAN FEDERATION)

Idrisov N.T.

Abstract

This article discusses the structure and dynamics of recidivism in the Russian Federation, its regional features. The role of the Investigative Committee of the Russian Federation in countering this social phenomenon is determined. The author conducted a survey of investigators of the Investigative Committee of the Russian Federation, studied the materials of criminal cases. On the basis of the analysis of law enforcement practice, with scientific justification the main directions of counteraction of recurrent crime are defined. It is concluded that the recurrence of crimes does not always indicate an increase in the public danger of the offender, and the principle of economy of repression should be implemented in respect of persons who have committed crimes of small and medium gravity of an economic nature. At the same time, it is necessary to exclude the negative impact of professional dangerous and especially dangerous recidivists on the normal development of society and the state, to prevent the weakening of criminal repression against this category of persons.

Juridical Journal of Samara University. 2018;4(2):61-64
pages 61-64 views

Criminal and penal law

CORRECTIONAL DOCTRINE AND ITS IMPACT ON THE STATUS OF AN INDUVIDUAL EXONERATED FROM SERVING THEIR SENTENCES

Seliverstov V.I.

Abstract

The article is devoted to the problems of execution of criminal punishment in the form of imprisonment. The article analyzes the correctional doctrine of the Russian state, manifested in the formulation and implementation of the purpose of convicts’ reformation, and its impact on the status of an induvidual exonerated from serving their sentences. On the basis of international standards and national legislation, priority is given to this purpose over other purposes of punishment and penal enforcement legislation. Some elements of the mechanism for achieving the purpose of correction of convicts are considered, as well as various options for recording repetition of crime after serving imprisonment are considered too. A proposal to reconstruct the existing system of statistical accounting of post-penitential repetition of crime in the USSR is made here, its main stages also are named. The conclusion is made about the preservation of socio-political importance of the purpose of correction of convicts at the present stage of development of state and the preservation of its legislative consolidation in the criminal and penal law of Russia.

Juridical Journal of Samara University. 2018;4(2):65-73
pages 65-73 views

RESOCIALIZATION AND SOCIAL ADAPTATION OF PRISONERS: CONCEPT, CONTENT, LEGAL REGULATION

Borsuchenko S.A.

Abstract

At present, the problems of resocialization and social adaptation of those sentenced to deprivation of liberty in both theoretical and applied aspects remain unsolved. These problems require serious consideration. It is concluded that at present in the science of criminal-executive law there is no unity of opinion on the concept and content of the terms in question. The criminal-executive legislation of the Russian Federation and the practice of its application in this sphere also have serious shortcomings. The problems of legislative regulation and law enforcement practice of resocialization and social adaptation of prisoners sentenced to the deprivation of liberty are analyzed in the article taking into account the author's position. It is concluded that it is necessary to improve the forms and methods of educational work with people sentenced to the deprivation of liberty, including sports, amateur performances, and general and professional education. It is necessary to improve the legal culture of convicts, including providing them with free legal aid. The author identified factors that complicate the resocialization and social adaptation of convicts in isolation, proposed legal and organizational measures that facilitate their minimization.

Juridical Journal of Samara University. 2018;4(2):74-79
pages 74-79 views

ABOUT THE PROBLEM OF GUARANTEING OF THE RIGHTS OF PERSONS, DISCLAIMED PUNISHMENT AS A DEPRIVATION OF FREEDOM OR EXEMPTED FROM IT

Adoyevskaya O.A.

Abstract

The article deals with the problems of guaranteeing the rights of persons who served their sentences in the form of deprivation of liberty and who were released from it. The formation of normative base of the Russian state policy of resocialization of persons who served their sentence and were released from serving it has been studied. It is proved that one of the main reasons for the high level of recidivism is the absence of legislatively guaranteed social and rehabilitation assistance to persons who have served their sentence and were released from it. The goals to reduce the recidivism of crimes, stated in the Concept of Long–Term Social and Economic Development of the Russian Federation for the period until 2020, are not achieved. The conclusion is made about the expediency of taking into account international experience in the sphere of resocialization of convicts to imprisonment. The main attention is paid to the provisions of the UN Standard Minimum Rules for the Treatment of Prisoners (1955) regarding the social care of prisoners after release. Examples of practices in the treatment of prisoners presented at the 12th United Nations Congress on Crime Prevention and Criminal Justice are given. The absence of a qualitative settlement of relations in connection with the resocialization of persons who have served a criminal sentence and have been released from it in modern Russian criminal policy has been confirmed. The necessity of developing a road map for resocialization and real inclusion in civil society of persons who have served a criminal sentence and who have been released from it has been substantiated.

Juridical Journal of Samara University. 2018;4(2):80-84
pages 80-84 views

RELEASE OF THE CONDEMNED FROM PLACES OF DEPRIVATION OF FREEDOM: FACTORS OF INFLUENCE AND SOME ORGANIZATIONAL AND LEGAL PROBLEMS

Useev R.Z.

Abstract

The release of convicts from places of deprivation of liberty is a complex and systemic issue. Various factors influence the release of isolated individuals from punishment. They can be represented in the form of three groups: 1. Absence of a clear and coherent criminal-executive policy of the state; 2. Legal unsettledness of certain areas of activity of correctional institutions, the purpose of which is the preparation of convicts for release; 3. The problem of cadres in correctional institutions and the intensity of activity of officials. The process of releasing convicts from correctional institutions is accompanied by a number of organizational and managerial problems. Based on the analysis of the  factors  of  influence  and  some  organizational and legal problems of the process of releasing prisoners, the author submits for discussion a number of proposals aimed at the development of educational and socio-psychological directions in the activities of correctional institutions.

Juridical Journal of Samara University. 2018;4(2):85-89
pages 85-89 views

SYSTEM APPROACH TO THE ORGANIZATION OF THE POSTPENITENTIARY HELP TO THE PERSONS WHO HAVE SERVED SENTENCE IN THE FORM OF IMPRISONMENT

Khasnutdinov R.R.

Abstract

Rendering postpenitentiary help to the persons who have served sentence in the form of imprisonment is the important direction in prevention of recurrent crime. The person after release from correctional facilities often faces a complex of problems of various character inducing to follow again a criminal way. Without the corresponding work on assistance of this category of persons it will be impossible to reduce the number of repeated crimes, and for obtaining qualitative result the organization of rendering such help has to have system character. In the article the author offers system approach to the organization of the postpenitentiary help by means of application of a method of functional system. Such work has to be based on the basis of the analysis of the events held in the certain territorial subjects of the Russian Federation directed to social adaptation of convicts, positive regional experience on decrease in recurrent crime. The author draws a conclusion about the need of improvement of legal regulation in this direction not only in the regions, but also at the federal level.

Juridical Journal of Samara University. 2018;4(2):90-94
pages 90-94 views

PARTICIPATION OF CIVIL SOCIETY INSTITUTIONS IN THE PROCESS OF SOCIAL REHABILITATION OF PERSONS RELEASED FROM PRISON (MODEL OF THE REPUBLIC OF TATARSTAN)

Khalilov R.N.

Abstract

The purpose of the study is to analyze the activities undertaken by non-government organizations of the Republic of Tatarstan in dealing with the re-socialization of persons released from prisons. The article summarizes outcomes of studies and the monitoring of the penal system along with the processes surrounding its practice. The analysis of re-socialization activities, carried out by non-governmental, as well as religious organizations, was performed based on particular sociological methods, such as: observation, interviews, surveys, as well as social simulation approach. Criminal and legal incentive measures to convicts to deprivation of liberty in the context of social rehabilitation scheme were investigated. The most common measure is the conditional early release, nevertheless, as practice shows, the institution of conditional early release has weakened its educational and incentive effect on persons sentenced to the deprivation of liberty. The conclusion reveals the level of effectiveness of the current model of participation of civil society institutes in the implementation of the penal policy’s focal points of action.

Juridical Journal of Samara University. 2018;4(2):95-99
pages 95-99 views

Criminal science

ROLE OF HUMAN AND SOCIAL CAPITAL RESOURCES IN THE PROCESS OF RE- SOCIALIZATION OF PERSONS WHO HAVE SERVED A CRIMINAL PENALTY AND WHO HAVE BEEN RELEASED FROM IT

Shchukina N.P., Nikitina B.A.

Abstract

The article examines the resources of persons who served criminal sentences and have been released from it on the basis of the results of an empirical study carried out within the framework of the project «The road map for resocialization and real inclusion in civil society of persons who have served a criminal sentence and have been released from it (2018–2021)». Two groups of respondents were singled out: those who departed and those who are serving their sentence again. The second group of respondents unites prisoners who serve criminal sentences repeatedly, which are considered in the study as carriers of ineffective practice of post-penitentiary resocialization. The analysis identifies groups of more and less adapted respondents, studies the role of social and human capital in ensuring the effectiveness of the process of resocialization. The collected data clearly demonstrate that the criminal biography of the respondents obviously hinders the processes of resocialization in all spheres of their life activity. On the other hand, the qualifications acquired as a result of getting an education do not always play a big role in resocialization, a much more effective strategy is to find employment in any capacity, even in the situation of incomplete compliance or inconsistency with the work of the available qualifications. In conclusion, recommendations are given regarding the need to develop the reflexivity of prisoners, their self-actualization and planning skills for various spheres of life after they are released.

Juridical Journal of Samara University. 2018;4(2):100-110
pages 100-110 views

PROBLEMS AND EXPECTED RESULTS OF CRIMINOLOGICAL FORECASTING OF BEHAVIOR OF PERSONS ENDURING THE PUNISHMENT

Golenko D.V.

Abstract

The article gives a definition of criminological forecasting. The methods of criminological forecasting are analyzed: documentary, extrapolations, expert evaluations, modeling, mathematical model of image recognition, criminological forecasts based on card-based accounting systems, least squares method. Special attention is paid to the history of development of criminological forecasting in Russia. The statistical data on the composition of convicted persons in the Samara Region and in Russia in their ratio are studied. The factors characteristic for persons who have repeatedly committed crimes are revealed. The article analyzes the composition of convicted persons on such characteristics as sex, age, the presence of state of alcohol intoxication in the commission of a crime, attitudes toward work, categories of committed crimes, etc. The paper identifies the problems that arise when investigators compile criminological forecasts. An author's short-term forecast of the behavior of persons who served their sentences is proposed.

Juridical Journal of Samara University. 2018;4(2):111-117
pages 111-117 views

FOREIGN MODELS OF RESOCIALIZATION PRACTICES FOR PERSONS WHO HAVE SERVED CRIMINAL PUNISHMENT AND WERE RELEASED FROM IT: CRIMINOLOGICAL ANALYSIS

Rozentsvaig A.I.

Abstract

The article explores and evaluates the potential of penitentiary and post-penitentiary resocialization experience accumulated in foreign countries. Analyzing the programs of resocialization developed abroad, the technologies being established, approaches to determining their effectiveness. Foreign programs of resocialization, implemented by international organizations, are analyzed, as well as the approaches determining their effectiveness. It was revealed that in some foreign countries, various religious and public organizations, as well as specially created by the state for these purposes probation services, are responsible for resocializating of persons who have served their sentences and were released from it. The necessity of creating a «resocialization ecosystem», including regional ecosystems combining the following sectors: education and science, public health, society, business, state, is proved. An analysis of foreign sources has shown that many countries have accumulated sufficient experience in the research direction, which can be used in order to develop an effective national system of expirees’ resocialization.

Juridical Journal of Samara University. 2018;4(2):118-125
pages 118-125 views

RESOCIALIZATION OF PERSONS SERVING OR HAVING SERVED PRISON SENTENCES (FROM THE EXPERIENCE OF BULGARIA)

Mantarova A.I.

Abstract

In the period before 1989, resocialization policy emphasized resocialization through labour and improving the educational level of persons in prison. In addition, the state organs provided assistance to ex-prisoners in finding employment and in dealing with their housing problems. The distinctive characteristics of resocialization measures during that period were their being centrally planned, conducted under a unified methodical supervision, applied uniformly in all cases, and their very broad scope. After 1989, during a long period of time, certain factors and tendencies accumulated in such a way as to cause regress of resocialization activities. Only in the last ten years we can identify some positive changes. An overview of resocialization of persons serving, or having served prison sentences shows that most of the current practices copy the measures used decades ago. The differences lie in their form of funding and their implementers. A negative, and by no means negligible, feature is that activities are sporadic and not sustained in time. Project-based work is of limited duration and is discontinued after the conclusion of the project, though its continuation is of key importance for long-term achievement of the objectives. The scope of the measures is limited in terms of territory and the range of persons encompassed. This feature must be changed significantly. The fact that the rate of recidivism is considerably higher now than thirty years ago shows that there is much room for improvement with regard to resocialization.

Juridical Journal of Samara University. 2018;4(2):126-131
pages 126-131 views

FOREIGN EXPERIENCE OF THE ORGANIZATION OF THE PROCESS OF RESOSCALIZATION OF A SENTENCED TO IMPRISONMENT

Ezhova O.N.

Abstract

The article is devoted to the consideration of existing approaches in foreign countries to the process of returning a prisoner to society after being released from places of deprivation of liberty. The article analyzes external and internal reasons that interfere with successful resocialization of convicts. As a result of the analysis, the author identifies factors that contribute to the success of the process of resocialization of prisoners, among which social work is the main place. For the effectiveness of re-socialization of certain groups of convicts, targeted programs are needed. The conclusions formulated in the article can be used both in the development of re-socialization programs for convicts in certain institutions of the penitentiary system or in social public organizations, and in the development of regulatory and legal framework regulating the activities of the entire domestic penitentiary system.

 

Juridical Journal of Samara University. 2018;4(2):132-137
pages 132-137 views

Tribune of young scientist

ON THE ISSUE OF DIFFERENTATION OF CRIMINAL RESPONSIBILITY FOR REPEATED CRIMES

Semenova D.M.

Abstract

The article deals with problems of differentiation of criminal responsibility depending on the social danger forms of multiple offenses. Conception of differentiation of responsibility is defined. Provisions of the existing criminal legislation are analyzed based on responsibility for the repeated crime and recidivism. The norms of the current legislation, judicial practice, judicial statistics are examined and noticed that the regulation of criminal responsibility in the Criminal Code contradicts to the forms of multiple crimes, and not according to the principles of humanism, justice, and the inevitability of punishment. The conclusion about expediency of a differentiated approach to casual and professional criminals is made. In conclusion, proposals for the reform of Criminal Code of the Russian Federation are formulated in order to ensure the optimal differentiation of criminal responsibility, taking into account public danger forms of multiple offenses.

Juridical Journal of Samara University. 2018;4(2):138-141
pages 138-141 views

THE RIGHT OF CONVICTS TO HEALTH CARE AND HEALTH SERVICE SUPPORT AS AN INDISPENSABLE COMPONENT OF THEIR RESOCIALIZATION

Ugolkova E.I.

Abstract

The article analyzes the concept and content of the right of prisoners sentenced to deprivation of liberty for the protection of health and health care, its legislative regulation, international recommendations, as well as the problems of securing this right, taking into account the resocialization ofprisoners in prisons.The author analyzed statistical data of the Management of the Federal Penitentiary Service of Russia; review of appeals of convicts, detainees and their relatives to  the Federal Penitentiary Service of Russia for 2017 on the issues under consideration; shortcomings of the criminal–executive legislation of the Russian Federation are revealed, concrete proposals are given for its improvement.In the author's opinion, the health of convicts affects their behavior and may be a reason for violating the regime's requirements. These circumstances must be taken into account in the process of execution of sentence in the form of deprivation of liberty. However, at present, UIC of the Russian Federation has not properly regulated the legal status of convicts who have a disease. The type of illness and other individual characteristics of convicts are not always taken into account by the legislator.

Juridical Journal of Samara University. 2018;4(2):142-147
pages 142-147 views

ISSUES OF ENSURING PROCEDURAL INDEPENDENCE OF AN INVESTIGATOR IN RUSSIAN CRIMINAL PROCEEDINGS

Stolnikov P.M.

Abstract

The article analyzes certain problems of ensuring the procedural independence of an investigator in the Russian criminal process. The author notes the inner inconsistency of the norms of modern Russian criminal procedural legislation concerning the participation of an investigator in criminal proceedings, which raises problems when trying to apply said norms practically. The author also claims these issues of the criminal procedural legislation to be one of the factors reducing the procedural independence of an investigator. The article examines the influence of prosecutor’s supervision, as well as departmental and judicial control on the procedural independence of an investigator. There is an emphasis on the considerable debatableness of these issues. The article sees the investigator's discretion as the main way of realizing his procedural independence. Summing up, the author makes proposals on improving Russian criminal procedure legislation and disposing of duplicate control over the investigator's activities.

Juridical Journal of Samara University. 2018;4(2):148-153
pages 148-153 views

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