Известия высших учебных заведений. Поволжский регион: Общественные науки (Jun 2022)

Social impact in relation to convicted prisoners of war: some theoretical and legal issues

  • A.P. Skiba,
  • N.S. Maloletkina

DOI
https://doi.org/10.21685/2072-3016-2022-2-13
Journal volume & issue
no. 2

Abstract

Read online

Background. The deterioration of the military-political situation in the territories bordering Russia, especially the ongoing special military operation in Ukraine, requires attention to such a specific category of persons as prisoners of war. The authors, based on the analysis of the theory of penal enforcement law, as well as the penal enforcement legis-lation of Russia, conclude that there is no proper theoretical and legal basis for the imple-mentation of public influence as a means of correcting convicts, both in general and in rela-tion to such a category with specific individual characteristics as prisoners of war. The pur-pose of the work is to determine the directions of improving the theory and legislation of Russia devoted to the issues under study. Materials and methods. The article used norma-tive legal acts and scientific works on the problem under study. The methodological basis was the universal dialectical method of cognition. During the preparation of the article, the following methods were also implemented: logical, formal-legal, comparative-legal, etc. Results. The analysis of theoretical aspects, as well as national and international regulation of issues of correction of convicted prisoners of war, including through the implementation of public influence, is carried out. Conclusions. In the article, defining the ways of imple-menting public influence on convicts and the subjects of its implementation, the provisions of the Geneva Convention “On the Treatment of Prisoners of War” regulating certain as-pects of the application of the considered means of correction of convicted prisoners of war are highlighted and analyzed, which is why the directions for improving the penal enforce-ment and other legislation of Russia are obvious.

Keywords