Abaturov A.I. —
Normative regulation of the post-penitentiary support in modern Russia
// Law and Politics. – 2016. – ¹ 11.
– P. 1390 - 1395.
DOI: 10.7256/2454-0706.2016.11.17145
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Abstract: The subject of this research is the public relations arising in the process of assisting persons released from prison of the Russia penal system. The author carefully examines the actual problems arising in the provision of social assistance and support to citizens released from prison. The author gives special attention to the current legislative regulation of the post-penitentiary support, analyzes the main reasons for the shortcomings and deficiencies in this area. Among the main factors contributing to the growth in recidivism is the absence of state legal mechanism for providing support to citizens released from prison. The methodological basis of this work consisted of the dialectical method of cognition of reality, as well as general scientific and special methods of cognition: a comparative legal analysis in the new and previously existing criminal law and penal legislation. The scientific novelty of this work consists in the fact that it carries the theoretical and practical importance in creating a coherent, workable and effective system of state support for persons who have served a criminal sentence of imprisonment, the creation of which will improve both economic, and social perspectives, strengthen the stability in the society, ensure its protection against internal threats, create living conditions for these individuals in the society, and prevent the commission of new crimes.
Abaturov A.I. —
Normative regulation of the post-penitentiary support in modern Russia
// Law and Politics. – 2016. – ¹ 11.
– P. 1390 - 1395.
DOI: 10.7256/2454-0706.2016.11.42887
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Abstract: The subject of this research is the public relations arising in the process of assisting persons released from prison of the Russia penal system. The author carefully examines the actual problems arising in the provision of social assistance and support to citizens released from prison. The author gives special attention to the current legislative regulation of the post-penitentiary support, analyzes the main reasons for the shortcomings and deficiencies in this area. Among the main factors contributing to the growth in recidivism is the absence of state legal mechanism for providing support to citizens released from prison. The methodological basis of this work consisted of the dialectical method of cognition of reality, as well as general scientific and special methods of cognition: a comparative legal analysis in the new and previously existing criminal law and penal legislation. The scientific novelty of this work consists in the fact that it carries the theoretical and practical importance in creating a coherent, workable and effective system of state support for persons who have served a criminal sentence of imprisonment, the creation of which will improve both economic, and social perspectives, strengthen the stability in the society, ensure its protection against internal threats, create living conditions for these individuals in the society, and prevent the commission of new crimes.
Abaturov A.I. —
Labor as a condition for early release on parole
// Law and Politics. – 2016. – ¹ 4.
– P. 524 - 528.
DOI: 10.7256/2454-0706.2016.4.15043
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Abstract: The subject of this research is the public relations emerging in the process of putting individuals to work in the correctional facilities. The author carefully examines the relevant issues associated with assignment of work to the inmates serving a sentence in correctional facilities, analyzes additional qualities of labor that increase the correctional process to such extent that it could be used as a motivation for early release. The author retrospectively expounds the legislative initiatives of the Soviet state authorities on stimulation of the inmates towards high productivity by offering early release. In order to receive accurate results and substantiate them, the author used the method of historical analysis. The scientific novelty consists in the fact that this work has theoretical and applied significance in the area of organization of the work of correctional officers in stimulation of inmates towards public benefitting work. For this purpose, the work retrospectively analyzes the process of establishment of the institution of early release of inmates from correctional facilities and the experience of calculation of work hours.
Abaturov A.I. —
Labor as a condition for early release on parole
// Law and Politics. – 2016. – ¹ 4.
– P. 524 - 528.
DOI: 10.7256/2454-0706.2016.4.42744
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Abstract: The subject of this research is the public relations emerging in the process of putting individuals to work in the correctional facilities. The author carefully examines the relevant issues associated with assignment of work to the inmates serving a sentence in correctional facilities, analyzes additional qualities of labor that increase the correctional process to such extent that it could be used as a motivation for early release. The author retrospectively expounds the legislative initiatives of the Soviet state authorities on stimulation of the inmates towards high productivity by offering early release. In order to receive accurate results and substantiate them, the author used the method of historical analysis. The scientific novelty consists in the fact that this work has theoretical and applied significance in the area of organization of the work of correctional officers in stimulation of inmates towards public benefitting work. For this purpose, the work retrospectively analyzes the process of establishment of the institution of early release of inmates from correctional facilities and the experience of calculation of work hours.
Abaturov A.I. —
Legal qualification of organization of and participation in strikes by prisoners (disciplinary liability)
// Legal Studies. – 2015. – ¹ 7.
– P. 1 - 8.
DOI: 10.7256/2409-7136.2015.7.15063
URL: https://en.e-notabene.ru/lr/article_15063.html
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Abstract: The subject of the study is a range of social relations arising in the process of preventive influence on persistent violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions of Russia. The author considers the actual problems of disciplinary responsibility imposition on convicts serving a criminal sentence for organization of strikes. Particular attention is paid to the role of the convict-leader, who is a separate object of preventive measures taken by the personnel of a penitentiary institution. The methodology of the research is based on the dialectical method of cognition of reality. The author also uses the general scientific and the special methods of cognition: the comparative legal method for the analysis of the new and the previously existed criminal regulations and penitentiary legislation; the statistical method for the analysis of the statistical data for the period from 2000 to 2013. Special contribution of the author consists in the fact that this research has an important theoretical role and can be applied in the sphere of organization of work of the personnel of penitentiary institutions. The paper presents the characteristics of the problems in the field of study, develops the theoretical basis for the improvement of the functional mechanism of structural units of correctional institutions aimed at the prevention of unlawful acts by convicts, declared persistent infringers of the established order of service of sentence.
Abaturov A.I. —
The peculiarities of disciplinary sanctions imposition on convicts terminated their work in penitentiary institutions without reasonable excuse
// Legal Studies. – 2015. – ¹ 6.
– P. 37 - 52.
DOI: 10.7256/2409-7136.2015.6.15003
URL: https://en.e-notabene.ru/lr/article_15003.html
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Abstract: The subject of the research is social relations arising in the process of prevention of malicious violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions. The author thoroughly examines the current problems of disciplinary sanctions imposition on convicts terminated their work without reasonable excuse in penitentiary institutions.
Special attention is paid to preventive impact on persons refusing to work; the author analyzes the main reasons of drawbacks and gaps in this area, gives recommendations for the involvement of first-time-offenders in labor processes, fostering the skills and habits to work in good faith.
The methodology of the research is based on the dialectical method of cognition of reality.
The author uses the general scientific and special methods of cognition: for the analysis of the new and previously used legal regulations and penitentiary legislation he uses the comparative-legal method; for the analysis of statistical data for the period of 2001 – 2013 he uses the statistical method. The novelty of the research lies in the fact that it is both a theoretical and applied work in the sphere of organization of the activities of penitentiary institutions personnel aimed at prevention of illegal actions of convicted persons, recognized as persistent violators of the order of service of sentence. The paper characterizes the problems in the studied sphere, develops theoretical grounds for the enhancement of the mechanism of activity of the departments of penitentiary institutions aimed at the prevention of illegal actions of convicts recognized as persistent violators of the order of service of sentence.
Abaturov A.I. —
On the issue of definition and legal base for the establishing post-penitentiary control.
// Legal Studies. – 2013. – ¹ 9.
– P. 1 - 13.
DOI: 10.7256/2305-9699.2013.9.9455
URL: https://en.e-notabene.ru/lr/article_9455.html
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Abstract: The author provides detailed analysis of the existing scientific theories regarding the nature of administrative supervision over the persons freed from imprisonment. The author discusses the objects of post-penitentiary control, facultative and necessary conditions for its establishment. Much attention is paid to the grounds for establishing post-penitentiary control, which the author offers to understand as a combination of legal characteristics provided by law, presence of which allows to apply to a person the norms of Federal Law "On Administrative Supervision over the Persons Freed from Places of Imprisonment". Studying the legal mechanism for establishing administrative supervision over the person freed from imprisonment, the author states that the meaning and goals of post-penitentiary supervision as an administrative prevention measure is to provide supervision over the persons, in order to control their compliance with the administrative limitations and obligations, exclusion of them from commission of new crimes. Based upon the study the author formulates a definition of the administrative supervision over persons freed from imprisonment.
Abaturov A.I. —
Implementation of the competence of internal affairs bodies in the sphere of establishing, prolongation and termination of post-penitentiary control.
// Legal Studies. – 2013. – ¹ 8.
– P. 137 - 163.
DOI: 10.7256/2305-9699.2013.8.9178
URL: https://en.e-notabene.ru/lr/article_9178.html
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Abstract: The article concerns topical problems of lowering the amount of recidive crime by establishing administrative supervision as a form of post-penitentiary control towards the persons discharged from penitentiary institutions. The author provides critical analysis of the existing judicial practice and the mistakes in legal practice regarding documental proof of the need to establish administrative supervision over a person. The article provides multi-aspect, complex and detailed analysis of the activity algorithm of the staff of the internal affairs bodies on prolongation and termination of post-penitentiary control. The author expresses a thought that the activities of the internal affairs bodies on post-penitentiary control should be systemic and they should strive to achieve the goals of administrative supervision, that is, prevention of crimes and other offences by the persons under such supervision, individual prophylactic influence on such persons for the purposes of protection of state and social interests. The article provides various points of view in this sphere, as well as the opinion of the author.
Abaturov A.I. —
// Law and Politics. – 2012. – ¹ 4.
DOI: 10.7256/2454-0706.2012.4.5448
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Abaturov A.I. —
// Law and Politics. – 2012. – ¹ 4.
DOI: 10.7256/2454-0706.2012.4.41943
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Abaturov A.I. —
// Journal of Foreign Legislation and Comparative Law. – 2012. – ¹ 3.
DOI: 10.7256/1991-3222.2012.3.5338
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Abaturov A.I. —
Administrative Oversight Over Released Prisoners in Legislation of Some CIS Countries and Russia
// Legal Studies. – 2012. – ¹ 2.
– P. 1 - 24.
DOI: 10.7256/2305-9699.2012.2.98
URL: https://en.e-notabene.ru/lr/article_98.html
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Abstract: The article is devoted to the topical issues of minimization of criminal recidivism by means of the institution of administrative oversight over released prisoners. The author conducts a comparative analysis of legal provisions and laws regulating post-penitentiary control in Russia and CIS countries such as Byelorussia, Uzbekistan, Ukraine and Kazakstan. The author discusses different points of view on this matter and shares his own opinion.
Abaturov A.I. —
// International Law and International Organizations. – 2012. – ¹ 2.
DOI: 10.7256/2454-0633.2012.2.5454
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