NATURAL AND POSITIVE LAW IN THE CONCEPT OF CORRECTING OFFENDERS
NATURAL AND POSITIVE LAW IN THE CONCEPT OF CORRECTING OFFENDERS

Summary/Abstract: In the article it is proposed to consider the relationship of purposeful process of correcting convicted persons in places of detention based on the norms of natural and positive law with the prevention of recurrence. Most philosophers consider legal regulation as a mandatory condition for the stable functioning of the state and recognize the law, as a system of norms, which is divided into natural law and positive one. In the penitentiary practice the concept of correcting offenders, which is based on the socio-cultural norms of natural law and the mandatory norms of positive law, should become an essential knowledge of convicted persons with the aim of preventing recurrence. In penal practice the concept of correcting criminals, which are recognized as socio-cultural norms of the natural law and the binding rules of positive law, should become a necessary knowledge of the prisoners for the purpose of prevention of recurrence. The author analyzes the outstanding experience of A.S. Makarenko, as an example of a multidimensional process of “vaccination” convicts by the norms of natural and positive law for their successful resocialization. The article demonstrates the author’s method of comparative analysis of philosophical and legal ideas and also analysis of international law. The study assures that the actual task for the modern prison systems is not only serving the sentence in a safe environment, but also to help convicts to be ready for successful resocialization, as prevention of recurrence on the basis of norms of natural and positive law.

• Details
• Contents