Krainova N.A. A New View on the Punishment System in the Conditions of Civilizational Transformation of Public Relations
DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.4
Nadezhda A. Krainova, Candidate of Sciences (Jurisprudence), Associate Professor, Head of the Department of Criminal Law and Procedure, Sevastopol State University, Universitetskaya St, 33, 299053 Sevastopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4443-6709
Introduction. The progressive changes in the geopolitical situation and the resulting processes of transformation of social relations inevitably entail the need to revise the legal regulations in all areas. The sphere of criminal law regulation, in particular the institution of punishment, is no exception. The paper analyzes the effectiveness of various types of punishment listed in the Criminal Code of the Russian Federation, makes proposals for changing existing approaches, proposes a new model of the punishment system, and evaluates its prospects. Methods. In the course of the scientific research, dialectical, system-structural, analytical, and comparative legal methods are used. The published data of the judicial statistics of the Judicial Department under the Supreme Court of the Russian Federation and the statistics of the Ministry of Internal Affairs of the Russian Federation are analyzed. Results. The paper substantiates the author’s position on changing the current system of punishment, which provides for types of punishment that have not been applied for a sufficiently long period of time as well as duplicating other types of criminal law impact. Based on the study of the statistical data on the number of punishments imposed in the interval from 2000 to 2021, a diagram is presented that indicates the penological trends that should be taken into account in the process of building a new promising model of the punishment system in the Criminal Code of the Russian Federation. Conclusions. The author's vision of a promising model of the system of punishments is presented, including the reduction of existing types of punishments and focusing on punishments that provide for the impact on the convicted person by upbringing and real work aimed at reintegrating a person released from serving into society.
Key words: civilizational approach, punishment, transformation of the system of punishments, types of punishments, resocialization.
Citation. Krainova N.A. A New View on the Punishment System in the Conditions of Civilizational Transformation of Public Relations. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 1, pp. 28-32. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.4
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