Пенитенциарная наука (Dec 2023)

Principles of Penitentiary Crime Prevention: Conditioning Factors, Sources and Their Classification

  • PAVEL V. TEPLYASHIN

DOI
https://doi.org/10.46741/2686-9764.2023.64.4.005
Journal volume & issue
Vol. 17, no. 4 (64)
pp. 382 – 389

Abstract

Read online

Introduction: the article shows a special place of penitentiary crime in criminological research and law enforcement and substantiates the importance of understanding methodological foundations of its prevention. Purpose: to determine theoretical prerequisites and the structure of crime prevention principles in places of deprivation of liberty. Methods: the research methodology mainly covers the analysis and synthesis of socio-legal phenomena, generalization and concretization, formal and system-structural analysis of legal doctrine, hermetic study of legal norms, as well as taxonomic classification. Results: the features of preventive impact on penitentiary crime are due to a number of factors that lie in the plane of theoretical understanding and practical significance of the prevention system. The identified factors determine the nature of penitentiary crime prevention principles. Normative and doctrinal sources of principles for the prevention of penitentiary crime should be singled out. Conclusions: conditioning factors express objectively existing problems of penitentiary reality, connected, first, with the personality of the convicted person as an object of prevention, second, with the implementation of preventive functions of subjects of prevention and, third, with measures of preventive impact on penitentiary crime. Transformation of conditioning factors leads to the objective need to revise principles of penitentiary crime prevention. The classification of principles provides an understanding of the extent of coverage of the relevant areas, levels and trends reflecting an object of the penitentiary crime prevention system, conceptual provisions, guided by which an effective preventive effect can be achieved. In the conditions of building a new security architecture of the penal system of the Russian Federation, there is an objective increase in the number of principles of the prevention of penitentiary crime and their acquisition of a complex character, in which the guiding principles express features of several interrelated scientific branches of knowledge.

Keywords