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ПРОБЛЕМИ НА СЪВРЕМЕННАТА НАКАЗАТЕЛНА ПОЛИТИКА

Author(s): Svetla Margaritova-Vuchkova / Language(s): Bulgarian Issue: 1/2020

The article substantiates the idea that continuous changes in criminal law aimed at increasing repression should not be the basis of a modern penal policy. Penal policy formulation correlates with the level of scientific knowledge on the subject of criminal activity, crime, criminal offender, victim of crime, the effectiveness of criminal acts and justice. There can't be any consistent and efficient penal policy without the joint expertise of professionals from a wide range of legal science and law practice fields. This policy should be focused towards a well thought-out science-based strategy.

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Противодействие на организираната престъпност в България: оценка на правната рамка

Author(s): Maria Yordanova,Dimitar Markov / Language(s): Bulgarian

The publication analyses and assesses the legal framework on countering organised crime and examines the problems, which arise in its practical application. On this basis, recommendations are made to improve the legislation and bring it into conformity with international standards and the existing good practices, as well as to overcome the weaknesses in the application of law which impede the detection and punishment of organised criminal activity or infringe fundamental principles of criminal procedure and the rights of the participants in it.

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ПРОФЕСИОНАЛНА СУПКУЛТУРА ПОЛИЦИЈЕ

Author(s): Želimir Kešetović / Language(s): Serbian Issue: 1-2/2001

The topic of the article is police subculture as a set of attitudes and values shared by policemen, that result from unique characteristics of their occupation, first of all: danger and authority. Police subculture determines policemen’s view on their job, on other people, society and world in general. The article also gives the most significant features of the police subculture and its variations in different police organizations.

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ПСИХОЛОГІЧНА СПЕЦИФІКА ФОРМУВАННЯ ОБРАЗУ Я ПІДЛІТКІВ В УМОВАХ ПЕНІТЕНЦІАРНОГО ЗАКЛАДУ

Author(s): E. Makohonchuk / Language(s): English,Ukrainian Issue: 4/2014

Speech goes in the article about the psychological features of development of teenagers colonists in the conditions of prison establishment. It is set that social isolation and deprivation of different kind in prison establishments stimulate development of the complicated and divided consciousness which shows up in unformed to offense I and inadequate I-conception. It is marked urgent necessity of humane resocialisation for teenagers-colonists.

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РЕЛИГИОЗНОСТ И ПОИМАЊЕ ЗРЕЛОСТИ РЕЛИГИОЗНОСТИ КОД ПРИПАДНИКА НАЦИОНАЛНИХ МАЊИНА НА ИЗДРЖАВАЊУ КАЗНЕ ЗАТВОРА

Author(s): Safuadan Plojović,Adrijana Maksimović / Language(s): Serbian Issue: 3/2014

The subject of this paper is to religiosity and religious maturity of understanding through religious belief and practice of faith among members of ethnic minorities who are serving sentences in penal institutions of the Republic of Serbia. Intrinsically religious individuals demonstrating a high degree of empathy towards others and willingness to assist other people. ndividuals in whom there is no intrinsic orientation sincerely believe in the teachings of their religion and their religious practice originates from deep internal beliefs.

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РЕФОРМИРОВАНИЕ ЖЕНСКОГО ТЮРЕМНОГО ЗАКЛЮЧЕНИЯ В УСЛОВИЯХ ПЕНИТЕНЦИАРНЫХ ПРЕОБРАЗОВАНИЙ В США В XIX В.

Author(s): Svetlana Anatolevna Vasilieva / Language(s): Russian Issue: 1/2017

The article discusses some aspects of the American prison reform in the XIX c., associated with female crime and peculiarities of penal treatment for incarcerated women. It reviews the main institutional changes and reform results. The problem of modern concepts in the historical and criminological literature representing controversial views on the problem is treated in the article. The author comes to the conclusion that the unqualified success of the radical changes in criminal justice system during the XIX c. resulted in the consolidation of new principles and standards of women’s imprisonment, such as: well established medical facilities, the detention of mothers with children, the system of children education inside prisons, the practice of post-penitentiary patronage.

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РЕЦЕПЦИJА „РЕСТОРАТИВНЕ ПРАВДЕ“ КАО ПРИМЕР НЕКРИТИЧКОГ ДИСКУРСА У ПРАВНОЈ СОЦИОЛОГИЈИ: СЛУЧАЈ СРБИЈЕ

Author(s): Luka Breneselović / Language(s): Serbian Issue: 1/2011

The modern agenda of restorative justice has arisen as a critique against the retributive criminal justice. The restorative-justice-movement offers valuable ideas, which can be adopted, rethought and incorporated in any self-aware criminal justice system. Therefore, the fact that there is a raising awareness in many countries for different victim rights and restorative programmes does not by necessity mean that all claims of the restorative-justice-movement are to be accepted and baptised in the near or far future. However, the case of Serbia shows that for some countries the restorative-justice-movement may represent a serious danger: very modern and advanced institutions of criminal justice may be disregarded, while misinterpreted as a barrier to introduction and existence of restorative justice. The purpose of punishment in Serbian criminal law has traditionally been the crime prevention.

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Роль і місце правоохоронних органів у правовій державі

Author(s): Volodymyr Zaychenko,A. Lapteva / Language(s): Ukrainian Issue: 23/2013

The purpose of this paper is to investigate issues related to the functioning of the police in a state of law, particularly in the area of human rights, freedoms and legitimate interests of man and citizen action using legal measures intended to maintain a stable law and order in the country, the fight against crime and other offenses.The article is devoted to the role and place of law enforcement in the state of law. The article deals with the problem of disclosure of the activity of law en- forcement bodies in the struct ure of state organs, directed to the creation of a legal democratic society, strengthening of law and order, and legality, protecting the public and personality from the vi olation of rules of law. Unlike other systems of government, the system of law enforcement does not have the traditional organizational structure, such as the system of executive power, but a coherent set of systems forming factor which is not structural (organizational), and functional criteria - directly to law enforcement, that defined their common functionality, which is mainly in the protection and enforcement. Therefore, system-factor law enforcement is law enforcement, for which the state creates law enforcement.

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Систем извршења казне затвора у Републици Српској

Author(s): Dragan Jovašević,Vladimir M. Simović / Language(s): Serbian Issue: 2/2013

Sentence of imprisonment is the most significant kind of criminal sanctions prescribed under the criminal legislation of the Republic of Srpska. It is rendered for the vast number of criminal offences, indivi-dually, alternatively or cumulatively with fine. This is understandable, sin-ce its purpose is primarily special prevention – prevention of a convict to repeat a criminal offence, by educational and correctional treatments in correctional institutions and, afterwards, a general prevention by deterring citizens from committing criminal offences. The Law on Execution of Criminal Sanctions of the Republic of Srpska gave detailed methods, pro-cedures and conditions for sending, allocating and classifying convicts in correctional institutions, as well as the procedures for executing sentence of imprisonment itself, which is the topic of this paper.

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СМЕРТНАЯ КАЗНЬ – НАКАЗАНИЕ ИЛИ РАСПРАВА: О КОНЦЕПЦИИ ПРОФЕССОРА ИМПЕРАТОРСКОГО КАЗАНСКОГО УНИВЕРСИТЕТА А.А. ПИОНТКОВСКОГО

Author(s): Fedor Romanovich Sundurov / Language(s): Russian Issue: 6/2015

The paper presents a detailed analysis of the views expressed by A.A. Piontkovskii (1862–1915), the professor of Imperial Kazan University, on death penalty as a form of criminal punishment. Attention is paid to various arguments for death penalty abolishment, which were laid out by A.A. Piontkovskii in his monograph “Death Penalty in Europe” (1908) and remain relevant in our contemporary world.

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СОБЛЮДЕНИЕ ПРАВ ЧЕЛОВЕКА В ПРИДНЕСТРОВЬЕ: ПРОБЛЕМЫ, ОСОБЕННОСТИ И НЕЗАВИСИМЫЕ ОТЧЕТЫ

Author(s): Veaceslav Popescul / Language(s): Russian Issue: 1/2020

Whatever happens in Transnistria, great attention must be paid to the observance of human rights. In the protection of human rights, the level of activity of civil society is important, due to which the level of awareness and the quality of public dialogue on a number of unresolved issues in the field of human rights can significantly increase. Improving the human rights situation is an important step towards the development and democratization of Transnistria.

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СОВЕТСКАЯ ПОЛИТИЧЕСКАЯ ТЮРЬМА 60–70-Х ГОДОВ XX ВЕКА: КОНЦЕПЦИЯ ВЛАСТИ И ПОВСЕДНЕВНЫЕ РЕАЛИИ

Author(s): Alla Arkadevna Salnikova,Elena Andreevna Gerasimova / Language(s): Russian Issue: 3/2016

The paper examines a new penitentiary system conception generated in the USSR after the GULAG liquidation. This system was created as a specific “normalizing” and “therapy” space to not only isolate the society from unlawful and disloyal citizens, but also to “sovetisize” them if possible. Basing on the previously non-used official documents kept in the Russian State Archive of Modern History (RGANI) and law documentation, the specificity of penitentiaries for the convicted of state crimes (“politicheskikh”) and their role in a new Soviet prison model are revealed and analyzed. It is proven that special penitentiary institutions opened in the 1960s – 1970s to isolate beyond re-educational and extremely dangerous state criminals differed greatly from the ordinary penitentiary system institutions, including the problems of the prisoners’ daily life organization and regulation. Contradictions are found between the authority conception and the prison routine realities. It is argued that the penitentiary reform of the 1950s – 1960s in the USSR consists of two periods: the first one (1954–1960) was the period of some liberalization; the second one (since October 1960) was the period of increased penalties for crimes against the state. It becomes obvious when analyzing the situation of political prisoners in the examined period.

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СОЦІАЛЬНА ОБУМОВЛЕНІСТЬ ВСТАНОВЛЕННЯ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ПРИХОВУВАННЯ ЗЛОЧИНУ (СТ. 396 ККУ)

Author(s): T. M. Hud / Language(s): Ukrainian Issue: 42/2020

The article is dedicated to examining an issue of the welfare conditionality of establishing the criminal liability for the unpromised concealment of an offence. The author has indicated socio-psychological, criminological, and normative factors of the welfare conditionality. This has enables to make a conclusion about the expediency of criminal liability for the unpromised concealment of an offence because its social danger manifests itself in counteracting the quick, full, and comprehensive pre-trial investigation, the timely detection and criminal prosecution of persons convicted of offences. The aforementioned factors foster the decrease of legal protection of citizens, the appearance of the sense of impunity, and impede the timely compensation of a property damage and moral injury inflicted by an offence.

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СПІВВІДНОШЕННЯ ПОНЯТЬ «СОЦІАЛЬНА АДАПТАЦІЯ» ТА «РЕСОЦІАЛІЗАЦІЯ» ОСІБ, ЗВІЛЬНЕНИХ З МІСЦЬ ПОЗБАВЛЕННЯ ВОЛІ

Author(s): S. Czerneta / Language(s): English,Ukrainian Issue: 3/2014

The provisions of the article containing research correlation between social adaptation and reintegration which allowed the author to identify three types of social adaptation of persons released from prison, namely: social, psychological and career. And on this basis, to offer copyright determining the characteristics of the social adaptation of persons released from prison.

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Сталешка неједнакост у казненом праву Душановог законика

Author(s): Nina Kršljanin / Language(s): Serbian Issue: 3/2012

Differences in punishment of members of different classes are a frequent occurrence in the penal law of many mediaeval countries, including Serbia under Nemanjić rule. The paper analyses this phenomenon in Dušan's Code and the preceding charters and attempts to determine the basic principles of this differentiation. Despite stereotypes, they cannot be summed up as laxer treatment of the higher and stricter punishment for the lower classes. Firstly, in the cases of some crimes only members of certain classes are prescribed as offenders – be it due to legal or factual impossibility, or the likelihood of a member of a certain class to commit such a crime. As for those crimes that could be committed by all classes, it is shown on the examples of several crimes (abandoning one's spouse, murder, rape, insult by word or action...) that the nobility (vlastela) was indeed generally protected from those penalties that were considered shameful, but it also paid larger fines levied on property, so that fines would affect all offenders equally. Finally, in cases of crimes where the perpetrator and the victim were from different classes, Dušan's Code is greatly concerned with determining the penalty with regards to the significance of the protective object, particularly to class honour and the need to preserve peaceful relations between classes.

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СТАН ДОСЛІДЖЕНЬ В НАУЦІ ПРОБЛЕМ, ПОВ’ЯЗАНИХ ІЗ ЗАБЕЗПЕЧЕННЯМ ПРАВА ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ В УКРАЇНІ НА ОСОБИСТУ БЕЗПЕКУ

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

The article, based on an analysis of scientific papers devoted to research on human sentenced to imprisonment in Ukraine on personal safety, pay attention to the problem points and a reasoned opinion on the need for more active development scientists the subject, given the current state of the penal Ukraine.

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СТАН ТА ПРОБЛЕМИ НАУКОВОГО ДОСЛІДЖЕННЯ У СФЕРІ РЕСОЦІАЛІЗАЦІЇ НЕПОВНОЛІТНІХ ОСІБ ЖІНОЧОЇ СТАТІ ЗАСУДЖЕНИХ ДО ПОКАРАННЯ У ВИДІ ПОЗБАВЛЕННЯ ВОЛІ

Author(s): N. Karpinska / Language(s): English,Ukrainian Issue: 2/2015

The article is devoted to the analysis of state and problems of scientific research in the sphere of resocialization of sentenced to imprisonment, especially of female minors. The author made conclusions as to the clarification of essence, content, stages and specificity of resocialization of female minors sentenced to imprisonment; solution to the problem as to defining the conceptual apparatus; rationale of gender approach in the resocialization of female minors.

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СТРУКТУРА ГОТОВНОСТІ МАЙБУТНІХ ЮРИСТІВ ДО ПРОФЕСІЙНОЇ ДІЯЛЬНОСТІ У ПЕНІТЕНЦІАРНІЙ СИСТЕМІ УКРАЇНИ

Author(s): L. Sitovska / Language(s): English,Ukrainian Issue: 2/2015

Current issues regarding the issue of readiness of future lawyers for professional activity in the penal system of Ukraine were considered. Different approaches of scientists on the definition of a concept «readiness» were analyzed. Attention is paid to the structural components of readiness of future lawyers for profession activity in the penal system of Ukraine.

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Сузбијање организованог криминала у функцији европских интеграција Cрбије

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 3/2012

Organized crime in all its forms dangerously threatens the national security of modern states, but it also represents an international problem. Therefore, great number of international documents establishing the system of international standards for legal and efficient combat against organized crime was adopted at the level of the international community (for universal and regional organizations) and individual states should implement them into their national legislation. Recently, Republic of Serbia on its road to EU invested considerable effort, especially on the normative level, to establish an effective mechanism for preventing and combating organized crime and this is the subject of this paper.

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СУЧАСНЕ РОЗУМІННЯ КРИМІНАЛІСТИЧНОЇ ТАКТИКИ: ПОНЯТТЯ, ОЗНАКИ, ПРЕДМЕТ І ЗАВДАННЯ

Author(s): Victor Mikhailovich Shevchuk / Language(s): Ukrainian Issue: 17/2020

The article is devoted to the study of the problems of modern understanding of criminalistic tactics, its subject and tasks. The scientific approaches to the studied concepts of «criminalistic tactics» was analyzed. The definition of criminalistic tactics is offered, its essential features are singled out. It’s substantiated that often in the special and educational literature scientists limit themselves to considering the general provisions of criminalistic tactics and coverage of tactics of separate investigative (search) actions, that is to say problems of investigative tactics, which does not really reflect the full content and structure of this section. It is proved that criminalistic tactics should study the tactics of all participants in criminal proceedings and therefore should be distinguished and investigated the following sub-branches of criminalistic tactics: investigative tactics, judicial tactics, investigative tactics, prosecutorial tactics, professional defense tactics, criminal tactics, etc. In addition, the definite essence of the concept of criminalistic tactics should take into account, on the one hand, the line of conduct of the subjects of criminal proceedings, which carry out pre-trial investigation, trial and defense (investigator, detective, prosecutor, lawyer, court (judge), etc.), whose activities are aimed at collecting, recording, seizing and examining evidence, and on the other hand − the behavior of participants in criminal proceedings, which are subject to such tactical and criminalistic recommendations and means of criminalistic tactics (suspects, accused, victims, witnesses, official witnesses, etc.) taking into account the possibilities of tactical influence on such persons in order to solve criminalistic and other tasks of criminal proceedings.

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