Download fulltext HTML
Shcherbakov, A. V., Shabanov, V. B., Budanova, L. Y., Alexandrova, O. P., & Demidov, O. G. (2019). The Problems of the Replacement of Alternative Penalties Taking into Account the Implementation of International Standards: Case of Some Post-Soviet Countries. KnE Social Sciences, 3(16), 37–50. https://doi.org/10.18502/kss.v3i16.4472

https://doi.org/10.18502/kss.v3i16.4472

statistics

  • 255 Abstract Views
  • 223 PDF Views
  • 0 HTML Views

authors

  • A V Shcherbakov
    No author data available.
  • V B Shabanov
    No author data available.
  • L Y Budanova
    No author data available.
  • O P Alexandrova
    No author data available.
  • O G Demidov
    No author data available.

Published Date

  • Apr 25, 2019

The Problems of the Replacement of Alternative Penalties Taking into Account the Implementation of International Standards: Case of Some Post-Soviet Countries

KnE Social Sciences / Individual and Society in the Global Era / Pages 37–50

Abstract

International standards for the treatment of convicts without isolation from society contain the world experience of humanism in the execution of punishments and the development of the correctional system of all the countries in the world, concerning Russia and the countries of the former Soviet Union, they are adopted and implemented relatively recently. Today not all international standards have found their consolidation in the sectoral legislation of Russia and the CIS and Baltic countries. The execution of punishments is one of the most detailed regulated processes from the point of view of international regulation, as for the classification of the state as democratic, largely affects the compliance of its sectoral legislation in the penitentiary sphere with international standards. The aim of the study is to determine the features of the procedure for the replacement of alternative penalties, taking into account the implementation of international standards in some post-Soviet countries.


 


 


Keywords: international standards; alternative punishments; court; Prosecutor’s office; replacement of punishments.

References
[1] Code of Criminal of Kazakhstan, рassed 4.07.2014 No 231-V., (2014), [Online], [Retrieved December 10, 2018], http://online.zakon.kz.


[2] Code of Criminal procedure of Republic of Belarus рassed 16.06.1999 No 295, (1999), [Online], [Retrieved February 04, 2019], http://etalonline.by/.


[3] Code of Criminal Procedure of Latvian Republic, рassed 21.04.2005, (2005), [Online], [Retrieved January 25, 2019], http://www.legislationline.org


[4] Code of Criminal Procedure of Еstonian Republic, рassed 12 February 2003, (2003), [Online], [Retrieved January 17, 2019], http://www.legislationline.org


[5] Community Code of Latvian Republic, рassed 08.07.1998, (1998), [Online], [Retrieved January 25, 2019], http://www.legislationline.


[6] Community Code of Еstonian Republic, рassed 06.06.2001. [Online], [Retrieved January 10, 2019], http://www.legislationline.org


[7] Draft guidelines for Prison and Probation Services regarding Radicalisation and Violent Extremism. PC–CP, (2015), 2 (5), Strasbourg, 2015.


[8] Latvian Republic Сriminal law, рassed 17.06.1998. [Online], [Retrieved January 25, 2019], http://www.legislationline.org


[9] Aebi, M.F., Burkhardt, Ch., Hacin, R., Tiago, M.M. (2016), Comparative Perspective of Imprisonment Trends in Slovenia and Europe from 2005 to 2014, Revia for forensic criminology, 4, 437.


[10] National Corrections Academy, Aurora, CO: official site, [Online], [Retrieved January 30, 2019], http://nicic.gov


[11] Michailidis, S. (2017), The Prison Service of the Czech Republic, Society, Law, Psychology and Pedagogy: Progress to the Future: Sb. intermediate materials. Cadets Student Forum «STUDIO SPRING 2017», 11.


[12] Worall, A. (1997), Punishment in the Community: The Future of the Criminal Justice, London and New York, Longman, 170.


[13] The Universal Declaration of Human Rights: adopted and proclaimed by General Assembly Resolution 217A (III) of December 10, 1948, [Online], [Retrieved January 01, 2019], http://www.un.org/ru/documents/


[14] Dvoryanskov, I.V., Sergeeva, V.V. and Batalin, D.E.(2004), The use of alternative forms of punishment in Western Europe, Russia and the United States (comparative legal research), Center for the Promotion of Criminal Justice Reform, Penal Reform International, Moscow, 90.


[15] Yegorov, S.E. (2006), Human rights in criminal proceedings: international standards and Russian legislation, Norma, Moscow, 74.


[16] Kazak, B.B., Smirnova, I.N. (2012), International legal acts regulating the execution of punishments not related to the isolation of a convicted person from society, and problems of their implementation in Russia: lecture, Pskov: Pskov. legal Inst. FSIN of Russia, 6.


[17] Code of Conduct for Law Enforcement Officials (adopted by UN General Assembly Resolution 34/169 of December 17, 1979), [Online], [Retrieved January 11, 2019], http: //base.garant.ru


[18] Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, (1950), [Online], [Retrieved January 11, 2019], http://base.consultant.ru.


[19] Luneev, V.V. (2000), Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,its place in the history of congresses. State and Law, 9, 95.


[20] International Covenant on Civil and Political Rights of December 16, (1966), [Online], [Retrieved January 11, 2019], http://www.consultant.ru.


[21] The United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules): adopted by Resolution 45/110 of the United Nations General Assembly of December 14, (1990), [Online], [Retrieved January 11, 2019], http://www.consultant.ru.


[22] Olkhovik, D. А. (2016), International bases of criminal-executive inspections. Vestn. Kuzbass. Institute of Federal Penitentiary Service of Russia, 2, 77


[23] Solovyev, V.V. (2007), Resolution of the European Court of Human Rights in the case of Vladimir Solovyev V. Russia (Russia). European Court of Human Rights Bulletin, 2708/02, 12.