THE PRINCIPLE OF THE INEVITABILITY OF PUNISHMENT IN PENAL ENFORCEMENT LAW: FROM DECLARATION TO THE POSSIBILITY OF IMPLEMENTATION

Author:

Sheveleva S. V.ORCID, ,Mozhaikina V. A.ORCID,

Abstract

Introduction: the paper deals with the doctrinal principle of the inevitability of punishment and focuses on the possibility of implementing it in legal relations under penal enforcement law. The purpose of the paper is to identify how this interdisciplinary principle is respected in the enforcement of criminal sentences, and to propose mechanisms for its implementation. The study employs such methods as description, observation, statistical analysis, documentary analysis, induction, analogy, and thought experiment. Results: the paper reveals the fact that within the existing system of measures of negative and positive impact on the behavior of convicted persons, it is practically impossible to ensure the principle of the inevitability of punishment being implemented when it comes to sentences that are not related to isolation from society. Implementation of this principle in the execution of punishments related to isolation from society is not of legal but of organizational nature. Conclusions: the inability to execute a punishment in strict accordance with the requirements of the law leads to the loss of the deterrent value of punishment. When punishment is not related to isolation from society, convicts do not seek to serve the imposed punishment in strict accordance with the court verdict. As to the cases of serving a sentence related to isolation from society, there is a problem of unclear conditions for taking the most significant incentive measures in relation to a convicted person, such as substitution of the unserved part of the sentence and parole. The analyzed practice convincingly indicates that even if all the requirements of the law are fulfilled, petitions of convicts remain unsatisfied, while the courts refer to the fact that the goals of the punishment have not yet been achieved. Currently, in criminal and penal enforcement legislation there exist neither positive nor negative effective regulators aimed at facilitating strict and proper execution of the punishment imposed by the court.

Publisher

Perm State University (PSU)

Cited by 2 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Addition of punishments;Law Enforcement Review;2022-09-18

2. Criminal Law Categories and Institutions: Correlation of Concepts and Functions;Bulletin of Kemerovo State University. Series: Humanities and Social Sciences;2022-06-21

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3