Пенитенциарная наука (Jun 2023)
Analyzing the Russian penitentiary legislation of the pre-revolutionary and Soviet periods
Abstract
the article presents a retrospective analysis of the criminal correctional legislation in the pre-revolutionary and Soviet periods of the Russian state development. It emphasizes that the execution of punishment and the application of corrective measures in various historical periods, being an element of the criminal correctional system, were determined by the relevant time specifics and represented an independent direction of the law enforcement activity. Key measures of the state’s criminal correctional policy were fixed by provisions of the criminal correctional law, since it is the law that is one of the key forms of policy expression. Purpose: based on a retrospective analysis of the Russian penitentiary legislation and relevant scientific publications, to formulate a conclusion about prospects of its development in the modern period and for the current perspective. Methods: a general cognition method – dialectical materialism based on the laws of dialectics; formal logical methods – analysis, synthesis, induction, deduction, abstraction, analogy; general scientific methods – observation, comparison, description, etc.; a private scientific method of historical analogy. Results: the analysis of the development of the Russian penal legislation and law enforcement practice shows that the development of the penal system throughout Russian history is characterized by relevancy, progressive character and responsiveness to changes in the criminal situation in the country. Conclusion: the modern Russian penal system should ensure continuity in the development of penitentiary law with regard to the experience of the formation of correctional (criminal correctional) legislation in relation to new challenges and threats. At the same time, it will be possible to talk about establishing control over it only if key socio-economic contradictions in society are eliminated.
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