Correction and resocialization of juvenile prisoners as a criterion for the effectiveness of measures of incentives and penalties applied to them

T.V. Burdina
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Abstract

The article is devoted to the analysis of the understanding of the essence of the correction and resocialization of convicts, which is common in the doctrine of criminal executive law, as well as to the clarification of the influence of the measures of incentives and penalties applied to juvenile prisoners on their correction and resocialization, and so, to the justification of the value of correction and resocialization as a criterion of effectiveness such measures.The author highlighted the provisions of a number of normative legal acts in the field of criminal enforcement law in general and juvenile justice in particular, which emphasize that the purpose of execution of punishments should be the correction and resocialization of convicts. And in addition, it was found that the international legal standards for the execution of punishment in the form of deprivation of liberty in the matter of correction and resocialization of convicts are primarily focused on the development of socially useful professional skills and personal abilities of prisoners; and it was established that the Ukrainian legislator also provided for the formation of life skills in juvenile prisoners.The article concludes about the existence of degrees of correction and examines their definition in a number of Methodological recommendations of the State Department of Ukraine on issues of execution of punishments, as well as discloses the criteria and indicators for assessing the degree of correction of a convict in the disciplinary practice of institutions for the execution of punishments.At the same time, the author asserted that the main means of correction and resocialization are, in particular, the regime, and the system of measures of incentives and penalties is one of its main elements, one of the means of its provision, and therefore is one of the main means of correction and resocialization of juvenile prisoners, directly serving the purpose of their correction and resocialization.And so, it has been proven that the degree of correction of the convict testifies to the effectiveness of the measures of disciplinary influence applied to him. Moreover, the author considers as a criterion for the effectiveness of the measures of incentives and penalties applied to a juvenile prisoner his legal correction, not psychological, as well as penitentiary resocialization, which is a continuation of the process of his correction in the context of internal psychological, not social factors, as opposed to penitentiary resocialization.
将少年囚犯的矫正和重新社会化作为对其实施奖惩措施的有效性的标准
本文分析了刑事执行法理论中常见的对罪犯矫正与再社会化本质的理解,并阐明了奖惩措施对少年犯矫正与再社会化的影响,从而论证了矫正与再社会化作为一种有效性标准的价值。发件人着重指出了一般的刑事执法法,特别是少年司法领域的一些规范性法律的规定,这些规定强调执行刑罚的目的应该是使罪犯得到矫正和重新融入社会。此外,还发现,在罪犯的矫正和重新社会化方面,以剥夺自由形式执行惩罚的国际法律标准主要侧重于发展对社会有用的专业技能和囚犯的个人能力;并确定乌克兰立法者还为少年犯提供了生活技能培训。文章总结了矫正程度的存在,并在乌克兰国务院关于刑罚执行问题的若干方法建议中审查了矫正程度的定义,并披露了在刑罚执行机构的纪律实践中评估罪犯矫正程度的标准和指标。同时,发件人声称,矫正和再社会化的主要手段特别是制度,奖惩措施制度是其主要内容之一,是其规定的手段之一,因此是少年犯矫正和再社会化的主要手段之一,直接服务于其矫正和再社会化的目的。因此,事实证明,罪犯的矫正程度证明了对其施加纪律影响措施的有效性。此外,发件人认为,对少年囚犯适用的奖惩措施的有效性的一个标准是他的法律矫正,而不是心理矫正,以及监狱再社会化,这是他在内部心理而不是社会因素背景下的矫正过程的延续,而不是监狱再社会化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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