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ПОЈАВА И РАЗВОЈ КАЗНЕ ЛИШЕЊА СЛОБОДЕ

Author(s): Darko Dimovski / Language(s): Serbian / Issue: 52/2008

In his work the author has analysed the development of the punishment of imprisonment starting from the Ancient times, wih the special retrospection of prison Mamertine at the time and with the analysis of provision of Act XII tablets which considered punishment. It is the purpose of punishment of imprisonment in the Middle Age and appearance of institution for imprisonment. Special attention is paid to the factor which contributed to the appearance and development of the prison punishment. The development of the punishment of imprisonment in the XIX century is contemplated, with the special retrospection of the different kind of punishment of imprisonment at the time. For the XX century is characteristic the unification of punishment of imprisonment. The last part of work is devoted the different kind of the leading penitentiary systems at the time.

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ПРАВОВОЕ РЕГУЛИРОВАНИЕ ОТВЕТСТВЕННОСТИ ЗА ОРГАНИЗАЦИЮ ПРЕСТУПНОГО ОБЪЕДИНЕНИЯ И УЧАСТИЕ В НЁМ

Author(s): Sergei Aleksandrovich Baleev / Language(s): Russian / Issue: 2/2016

The article is devoted to the issues of regulation in the current criminal law of the responsibility for creation of a criminal association, leadership of such a unit, and participation in it, as well as to the problem of distinguishing between the complicity in crime and organized criminal activity. In accordance with the current Criminal Code of the Russian Federation, a criminal association is defined as an organized group (article 35, paragraph 3) and its variants, the responsibility for organization and participation in which is provided in five articles of the Special Section of the Criminal Code of the Russian Federation. In the literature, such associations are often identified with the forms of complicity in a crime. Based on the analysis of Russian and foreign criminal law, as well as of the recent approaches to this problem in science, the author expresses his own opinion on the matter and believes that the levelling of differences between complicity in a specific crime and complicity in organized criminal activities creates problems for classifying the activities of persons acting jointly. The aim of this research is to find out ways of the most effective application of criminal law on the liability for organized forms of criminal activity. In order to fulfill this aim, the methods of historical and comparative legal research are used along with other methods of scientific investigation.

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ПРАВОВОЙ СТАТУС ОСУЖДЁННЫХ К ПРИНУДИТЕЛЬНЫМ РАБОТАМ

Author(s): Lidia Vasilevna Bakulina / Language(s): Russian / Issue: 6/2015

Adoption of suspensive regulations when introducing new penal sanctions is subjected to criticism. The legal status of persons sentenced to imprisonment and penal labor is considered from the point of legal comparativistics. Similarities are found between serving the imprisonment sentence as penal labor and in penal colonies. Therefore, it is suggested to introduce a new denomination – custodial restraint with compulsory assignment of the sentenced person to labor instead of penal labor.

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ПРАВОПОРУШЕННЯ: ПРОБЛЕМА СПІВВІДНОШЕННЯ ПРОСТУПКУ ТА ЗЛОЧИНУ

Author(s): Ihor Ivanov / Language(s): Ukrainian / Issue: 1/2018

In the article legal maintenance and correlation of misconduct and crime are considered in obedience to a modern legal doctrine. Grounded, that replacement of terms "administrative crime" and "administrative responsibility" on "public offense" and "public responsibility" have large both theoretical and practical value. The concept of criminal misconduct is considered and it is marked pointlessness of increase of list of acts, for that a person, that accomplished them, will carry punishment. The algorithm of actions is offered in relation to the observance of vector of humanizing of punishment for the feasance of offense. Drawn conclusion about the necessity of creation of Law on bases of legislation and a background is thus certain of further development of legislation in accordance with changes that take place in society.

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ПРЕГЛЕД ЧЛАНАКА О МАЛОЛЕТНИМ ДЕЛИНКВЕНТИМА ОБЈАВЉЕНИМ У ДНЕВНОМ ЛИСТУ ПОЛИТИКА 1934-1936. ГОДИНЕ

Author(s): Darko Dimovski,Filip Mirić / Language(s): Serbian / Issue: 61/2012

In this paper, the authors analyze the articles on juvenile delinquents published in the daily newspaper Politika from January 1934 to December 1936. The paper covers the theoretical and the empirical research on the subject matter. In the theoretical part of the research, the authors analyze the legal status of minors under the provisions of the 1929 Criminal Code of the Kingdom of Yugoslavia. In the empirical part of the research, the authors review all available newspaper issues published in the period from January 1934 to December 1936, which have been retrieved from the archives of the Public Library "Stevan Sremac" in Niš. The reviewed articles were published in the daily newspaper Politika at the time when the 1929 Criminal Code of the Kingdom of Yugoslavia was in force; the Code entered into force on 1st January 1930. The first issue of the daily newspaper Politika was published on 12th January 1904th and it has been published ever since without major disruptions (except for the periods during the First and the Second World War). Given the fact that the newspaper Politika is an indispensable historical source for collecting data on the history and culture of the peoples in the Balkans, it is rather impossible to conduct a research on the media coverage of juvenile delinquents and their criminal offenses without using this newspaper as a source of archival material. This primary goals of this research are as follows: to collect relevant data on and find out how a daily newspaper reported on juvenile crime within the observed period, to determine what kind of criminal offences were usually covered in newspaper reports of the time, and to examine how and to what extent these forms of socially unacceptable behavior of juvenile offenders influenced the way of reporting on juvenile crime. The authors particularly focused on the articles dealing with property crime, violent crime and political crime committed by juvenile offenders. The research has been conducted by applying the statistical method and the content-analysis method. Considering the fact that there is a lack of research data in criminological literature on the newspaper coverage of juvenile delinquency, this paper is a modest contribution to examining this subject matter for the purpose of combating juvenile delinquency and creating a safer society.

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ПРЕДСТАВЛЕНИЯ О СПРАВЕДЛИВОСТИ НАКАЗАНИЯ В ПОДРОСТКОВОМ И ЮНОШЕСКОМ ВОЗРАСТЕ

Author(s): Bulat Salyamovich Alishev,Olga Aleksandrovna Anikeenok,Aigyl Rimovna Gallyamova / Language(s): Russian / Issue: 4/2015

The paper analyzes the principles of fair punishment, on which younger teenagers, older teenagers, and adolescents rely in different types of situations: a) in the situations of venial misconducts and major offenses; b) in the situations when the offending and injured parties differ in their closeness to the respondent. The obtained data demonstrate that: 1) the factor of offence gravity has an equal influence on the choice of principles of fair punishment in all age groups; 2) the factor of “our – another” influences more strongly the choice of principles of fair punishment in the older age groups.

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ПРЕКИД ИЗВРШЕЊА КАЗНЕ ЗАТВОРА

Author(s): Ivan D. Milić,Stefan Radojčić / Language(s): Bosnian,Serbian / Issue: 1/2016

Focus of authors’ attention is the institute of the “suspension of imprisonment”.It regulates a “legal way” of coming-out of convicted persons from an institution in which they serve their sentence of imprisonment, and only for a limited period of time. Requirements which need to be fulfilled in that regard, as well as the process of deciding on that issue, are regulated by the Law on the Execution of Criminal Sanctions. Accordingly, authors observe the current regulation of the mentioned institute, and for that purpose the three judicial decisions concerning that issue will be analyzed. The first section of this article refers to the suspension of imprisonment toward convicted persons, while the second section is related to the suspension of imprisonment in mean of misdemeanor offenders.

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ПРИВАТНИ ЗАТВОРИ

Author(s): Darko Dimovski / Language(s): Serbian / Issue: 68/2014

Тhe author, based on the circumstances that contributed to the creation of private prisons, has explained the historical development of private prisons in the United States and Great Britain. After tha , the author has analyzed the strengths and weaknesses of the prison run by private companies. Namely, the author has, stating the benefits of private prisons (reduced overcrowding penitencijarnih institution, cheaper accommodation cost per prisoner, provide better services, the possibility of applying a new philosophy in the manner of execution of sentence, with modern Penitentiary program, with the aim of resocialization and the reduction of recidivism ) and weaknesses of the private prisons (the question of legitimac, a chronic lack of space in the Penitentiary system is not solved, business-oriented policies of private prisons, less salaries, poor performance of the security service, worst food, weak enforcement of parole, lack of appropriate penitentiary program), wanted to draw attention to the professional public about controversypf the introduction private companies in the management structure of penitentiary institutions . As the Republic of Serbia is, constantly in the last twenty years, faced with the increasing number of inmates, as well as the chronic shortage of money, which affects on the situation in industrial areas of prisons, there are options to give licenses to private companies to manage prisons. Therefore, the author has paid special attention to potential problems of introducing private prisons in the penitentiary system in Serbia.

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ПРИЗНАЧЕННЯ ПОКАРАННЯ ПРИ ПОМЯКШУЮЧИХ ОБСТАВИНАХ: КОМПАРАТИВНИЙ АНАЛІЗ ЗАКОНОДАВСТВА УКРАЇНИ ТА ПОЛЬЩІ

Author(s): R. Babanly / Language(s): English,Ukrainian / Issue: 1/2016

The article examines the legal approaches to the procedures and grounds for consideration of the circumstances, mitigating punishment according to Criminal Code of Ukraine and Poland. The analysis revealed the pros and cons of the respective approaches and gave the basis to suggest ways of mutual harmonization of legislation of these states. The study gave reason to conclude that each of the codes has its advantages and disadvantages relative to another code and to identify common problematic aspects of each.

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Приказ: Малолетничко кривично право

Author(s): Vladimir M. Simović / Language(s): Serbian / Issue: 2/2011

The review of: Драган Јовашевић, Малолетничко кривично право, БеоСинг, Београд 2008, стр. 287. / Dragan Jovašević, Maloletničko krivično pravo, BeoSing, Beograd 2008, str. 287.

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ПРИКАЗИ

Author(s): Milana M. Ljubičić / Language(s): Serbian / Issue: 2/2013

Reviews of: Милана Љубичић - НА БЕЛОМ ХЛЕБУ: СМРТНА КАЗНА У СРБИЈИ 1804-2002. Иван Јанковић: На белом хлебу: Смртна казна у Србији 1804-2002. Београд: Службени гласник, Клио, 2012., стр. 622

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ПРО ДЕЯКІ ВІКТИМОЛОГІЧНІ АСПЕКТИ КРИМІНАЛЬНО-ПРАВОВОЇ ОХОРОНИ НАВКОЛИШНЬОГО ПРИРОДНОГО СЕРЕДОВИЩА В УКРАЇНІ

Author(s): Anastasia Dzhuzha / Language(s): English,Ukrainian / Issue: 4/2016

The article considers the issues of legal protection of the environment enshrined in the law of Ukraine on criminal liability, the basic problems in this direction and designed research-based activities aimed at improving the legal mechanism on the designated research topic.

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ПРО ДЕЯКІ ЗАКОНОМІРНОСТІ ВИНИКНЕННЯ ПРАВОВИХ ПРОГАЛИН І КОЛІЗІЙ В КРИМІНАЛЬНО-ВИКОНАВЧОМУ ЗАКОНОДАВСТВІ УКРАЇНИ

Author(s): Dina Belkina / Language(s): English,Ukrainian / Issue: 3-4/2019

As shown by the results of this research, in the legislative and regulatory activities in Ukraine related to the improvement of criminal law, including through the elimination of legal conflicts and gaps, can be divided into three interrelated and interdependent periods, namely: a) the first of these dates from 1991-2003, when in the sphere of punishment, criminal-legal relations were regulated by the Correctional Labor Code (VTK) of Ukraine, which was adopted in December 1970 and which, despite the amendments made in since 1991, changes and additions, in its essence, reflected the ideology and psychology of a totalitarian state - the USSR, which also included bodies and institutions of execution of penalties (PEC); b) the second period began with effect from January 1, 2004, adopted in July 2003 by the Criminal Enforcement Code (KVC) of Ukraine and ended in April 2014 in connection with the adoption of the Law of Ukraine “On Amendments to the Criminal Enforcement Code Ukraine on adapting the legal status of a convicted person to European standards ”; c) the third period, “starting” in April 2014, is still ongoing. At the same time, it should be noted that the basis of this periodization is the criterion of legislative regulation of public relations, which resulted in the amendment of the criminal law of Ukraine, as well as eliminated the existing legal conflicts and gaps. The aforementioned periodization made it possible to clearly identify patterns of occurrence and development of legal conflicts and gaps that were directly related to the regulation of public relations in the sphere of execution of penalties, as well as being determinants in the present day, as determinants that negatively affect the status of criminal enforcement activities and the protection of foundations rights and legitimate interests of convicts.

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ПРО ДЕЯКІ ЗМІСТОВНІ ЕЛЕМЕНТИ ТА СКЛАДНОСТІ РЕАЛІЗАЦІЇ КРИМІНАЛЬНО- ВИКОНАВЧИХ ПРАВОВІДНОСИН В УКРАЇНІ

Author(s): J. Dudka / Language(s): English,Ukrainian / Issue: 4/2013

In the article is about some issues related with the content of penal relationships that arise from the need to ensure and provide for those sentenced to imprisonment in Ukraine the right to health, as well as a science-based solutions.

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ПРО ДЕЯКІ КВАЛІФІКАЦІЙНІ ВИМОГИ, ЩО ПРЕД’ЯВЛЯЮТЬСЯ ДО ПЕРСОНАЛУ ОРГАНІВ ТА УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Yaroslav Likhovyckyi / Language(s): English,Ukrainian / Issue: 3/2016

This article sets out the basic requirements and the staff of penal institutions, defined state of these people and problems functioning in the present conditions, taking into account educational Penitentiary Service of Ukraine.

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ПРО ДЕЯКІ КОНЦЕПТУАЛЬНІ АСПЕКТИ СПЕЦІАЛЬНО-КРИМІНОЛОГІЧНОГО ЗАПОБІГАННЯ ЗЛОЧИНАМ, ЩО ВЧИНЯЮТЬСЯ У МІСЦЯХ ПОЗБАВЛЕННЯ ВОЛІ УКРАЇНИ

Author(s): O. Dzhuzha,I. Kolb / Language(s): English,Ukrainian / Issue: 1/2015

The article, based on the clarification of content specially criminological crime, identified with definite subjects of research taking place in penal institutions closed type, and offered evidence-based measures to address them.

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ПРО ДЕЯКІ МЕТОДОЛОГІЧНІ АСПЕКТИ ДОСЛІДЖЕНЬ ДІЯЛЬНОСТІ РЕЛІГІЙНИХ ОРГАНІЗАЦІЙ У СФЕРІ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Oleksandr Kolb / Language(s): Ukrainian / Issue: 2/2018

The article defines the state and content of research methodology related to the activities of religious organizations in the sphere of execution of punishments, as well as the necessity of activating scientific developments on this issue, taking into account the reforms that are being carried out in the Ukrainian criminal-executive system. the current state of criminal executive activity in Ukraine suggests that the effectiveness of using the opportunities of these public associations in the correctional and resocialization process of convicts, in particular in places of deprivation of liberty, is rather low and ineffective. Thus, in fact, annually, starting from 1991 to date, sentenced to imprisonment commit from 300 and more crimes and offenses, as well as other adventures (suicide - up to 20 cases, self-inflicted - more than 100, natural death - almost 1 thousand. All this, in the final analysis, has a very negative effect on the state of execution and execution of criminal penalties in Ukraine and acts as one of the determinants, which causes and determines the commission of new crimes, that is, leads in practice to improper fulfillment of one of the key tasks of the Ukrainian criminal-law enforcement (Article 1 of the Criminal Code), namely the prevention of the commission of new criminal offenses by both convicted persons and other persons.

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ПРО ДЕЯКІ ОРГАНІЗАЦІЙНО-ПРАВОВІ ПРОБЛЕМИ ЗАПОБІЖНОЇ ДІЯЛЬНОСТІ В ОРГАНАХ ТА УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Yurij Novosad / Language(s): English,Ukrainian / Issue: 4/2016

The article is about some problems of legal character affecting the level and efficiency of the personnel of bodies and establishments of execution of punishments on the prevention of new crimes by convicts, and developed scientifically grounded measures on improvement of legal mechanism on these issues.

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ПРО ДЕЯКІ ПРОБЛЕМИ, ЩО СТОСУЮТЬСЯ ЗМІСТУ ДІЯЛЬНОСТІ ПЕРСОНАЛУ ОРГАНІВ ТА УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Ivan Kolb,Yurii Novosad / Language(s): English,Ukrainian / Issue: 1/2017

The questions concerning the content of staff of penal institutions and Ukraine, and the stages of formation of organizational, legal an do the principles that define its powers, functions and tasks, taking into account historical, social and political conditions (1970-1191 years).

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ПРО ДЕЯКІ РЕЗУЛЬТАТИ НАУКОВИХ ДОСЛІДЖЕНЬ, ПОВ’ЯЗАНИХ ІЗ ЗМІСТОМ ДІЯЛЬНОСТІ ПЕРСОНАЛУ ОРГАНІВ ТА УСТАНОВ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Oleksandr Kolb,Veronika Remeha / Language(s): English,Ukrainian / Issue: 1/2017

The article deals with the issues related to the definition of the content of the concept of "staff of bodies and institutions for the execution of sentences, as well as the analysis of scientific developments on the mentioned issues in the context of reforming the scope of punishment of Ukraine, which determined the need for their conduct in terms of relevance and theoretical and applied significance.

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