Oriental Studies (Aug 2018)
Criminal Penalty, its Purposes and Practice of Application in the Light of Philosophical Concepts of Punishment
Abstract
The paper examines the influence of various philosophical theories on the definition of punishment and its purposes, penological practice in Russia and abroad. The author notes foreign penological practice in the years 1950-1960 relied on consequentialists theory justifying the phenomenon of punishment. Later, however, these theories were declared insolvent, and therefore there was a transition to the postulates retributivists theories that the justification of punishment put the thesis of “deserved punishment”. Taking into account postulates theories of retribution the law and practice of sentencing have been altered. The author further notes that the criminal law and penological practice of Russia in the XX century was largely based on the basic principle of retributivism, according to which, the punishment should fit the nature and degree of public danger of the crime. The widespread use of the death penalty, imprisonment and exhausting work satisfy the public and political revenge. However, the postulates of utilitarian theories have been used in formulating the objectives of punishment, because from the very first years of Soviet power punishment had a purpose of prevention of new crimes, and later such goals as correction and rehabilitation of the offender appeared. Analyzing criminal legislation of Russia, the author notes that the refusal of the Russian state from use in determining the penalty, the term “Kara” may prompt the idea that today's lawmakers have abandoned the idea of retribution when determining punishment. However, this conclusion is contradicted in the analysis of h 2 tbsp. 43 of the criminal code. Thus, in accordance with h 2 tbsp. 43 of the criminal code, the penalty is applied in order to restore social justice, and in order to remedy and prevent conviction of new crimes. The author comes to the conclusion that the basis for the formation of the modern institution of criminal punishment in Russia is based on a combination of theories of punishment such as theories of retribution and utilitarian theories. In his opinion, this is beneficial, because the use of the most progressive provisions of each of them can provide an efficient system of punishment, and, accordingly, build the practice of punishment.
