Judicial Activity in the Field of Execution of Alternative Punishment in the Form of Compulsory Labor (Organizational and Legal Aspect)
Kazak B.B. Judicial activity in the field of execution of alternative punishment in the form of compulsory labor (organizational and legal aspect). Penitentiary Science, 2025, vol. 19, no. 2 (70), pp. 173–179. doi 10.46741/2686-9764.2025.70.2.007.
: the author proposes measures for improving legal regulation of the execution of punishment in the form of compulsory labor and considers points of view of some experts in the field of structural and functional analysis of criminal, criminal procedure and penal legislation that no matter how perfect criminal proceedings and criminal law norms are, the real results of the impact on an offender can be assessed only after his/her conviction, during the period of execution of a criminal sentence. The success of previous stages, regulated by criminal and criminal procedure legislation and closely related to law enforcement and judicial activities in the field of execution of punishment in the form of compulsory labor, depends on the effective implementation of the procedure and conditions for serving a criminal sentence established by law. Studying various approaches to the legal regulation of complex influence measures in relation to those sentenced to compulsory labor who have committed offenses of the same legal nature in the field of execution of punishments in the form of compulsory, correctional, and forced labor, the author dwells on the problems of improving organizational and legal foundations of interaction between courts and criminal executive inspections when considering ideas on the substitution of the unserved part of the punishment with a more severe penalty in order to prevent repeated crimes. Methods: dialectical, formal legal, systematic methods, methods of analysis, synthesis, deduction, interdisciplinary legal research, content analysis. The author considers procedural activities in the field of execution of punishment in the form of compulsory labor and identifies subjects of these activities, such as judges and other participants of the judicial process (criminal executive inspections, employers, representatives of law enforcement agencies, etc.). The topic of the scientific work corresponds to the current Fundamental research program for 2021–2030 (executors of the Federal Penitentiary Service of Russia and other interested representatives of the law enforcement system), where in the section “Fundamental and exploratory scientific research” it is planned to consider “Criminology and the penitentiary system: Development of alternative social response systems aimed at preventing and suppressing criminal behavior in society”. Results: it is proposed to introduce appropriate amendments to legislation that will help improve effectiveness of the organization of specialized government agencies in the field of compulsory labor enforcement. The necessity to improve the organizational and legal framework for cooperation between criminal executive inspections and courts in order to prevent repeat crimes is emphasized.
Keywords: judicial activity; crime prevention; alternative punishments; compulsory work; organizational and legal bases; criminal executive inspections; law enforcement activities.
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