{"title":"Correction and resocialization of juvenile prisoners as a criterion for the effectiveness of measures of incentives and penalties applied to them","authors":"T.V. Burdina","doi":"10.24144/2788-6018.2023.04.51","DOIUrl":null,"url":null,"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.","PeriodicalId":474211,"journal":{"name":"Analìtično-porìvnâlʹne pravoznavstvo","volume":"45 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analìtično-porìvnâlʹne pravoznavstvo","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24144/2788-6018.2023.04.51","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
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.