Zaborovskaia I., Rekova V.S., Platonova V.I., Rezhapova I.M. —
Anti-Corruption Sense of Justice as an Overriding Factor of Personality Development of a Penal Correction System Officer
// Legal Studies. – 2019. – ¹ 10.
– P. 39 - 48.
DOI: 10.25136/2409-7136.2019.10.27521
URL: https://en.e-notabene.ru/lr/article_27521.html
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Abstract: The need in corruption prevention and the necessity to create the anti-corruption legal base are recognized by all states. This particular research is devoted to modern trends in corruption observed inside the penal system. The authors analyze views of researchers on this phenomenon as well as anti-corruption solutions and prove the importance of developing anti-corruption sense of justice and moral education of penal corection system officers. They also offer particular prevention measures aimed at developing anti-corruption sense of justice of officers. In the course of their research the authors analyze provisions of the federal law No, 273 On Corruption Prevention dated December 25, 2008 and offer measures aimed at anti-corruption behavior of officers. As a result of their research, the authors emphasize the need to develop anti-corruption policy and anti-corruption culture as well as the need to teach anti-corruption behavior and sense of justice to penal correction system officers and the need to discover and eliminate causes of corruption. They also conclude that there is a need to develop anti-corruption standards that are being developed by state authorities today for particular spheres of social relations.
Zaborovskaia I., Zabrodin A.V. —
The impact of decisions of the European Court of Human Rights upon the Russian legal system (on the example of penal system)
// International Law and International Organizations. – 2018. – ¹ 4.
– P. 39 - 46.
DOI: 10.7256/2454-0633.2018.4.27523
URL: https://en.e-notabene.ru/mpmag/article_27523.html
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Abstract: Ratification by the Russian Federation of the Convention for the Protection of Human Rights and Fundamental Freedoms drafted in 1950 allowed distributing the implementation of international standards with regards to treating the convicts in the territory of Russian Federation. The decisions of the European Court of Human Rights attained the role of substantial factor influencing the penal policy in Russia. The author examines the question about the status of precedents of the European Court of Human Rights, their practical application considering the opinions of the Constitutional Court of the Russian Federation, namely the restriction of suffrage for the persons in detention. The article analyzes the problems of enforcement of the separate court rulings of the European Court of Human Rights; as well as the implementation of decisions of the European Court of Human Rights considering the Court Order of the Constitutional Court of the Russian Federated of 04.19.2016 No. 12-P. As a result, the following conclusions were made: the decisions of the European Court of Human Rights are aimed at protection of interests of the persons in detention, affect the penal policy in the Russian Federation, as well as influence the humanization of laws and law enforcement practice by introducing amendments into the current penal legislation.
Zaborovskaia I. —
Providing employment and social protection to disabled convicts as key means of prevention of recidivism
// Politics and Society. – 2018. – ¹ 2.
– P. 39 - 46.
DOI: 10.7256/2454-0684.2018.2.25268
URL: https://en.e-notabene.ru/psmag/article_25268.html
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Abstract: Exercising of the general legal principle of “humanism” in penal system with regards to the disabled convicts is one of the conditions that promote the prevention of recurrent crimes among them. This article is dedicated to implementation of the federal program “Accessible Environment” for disabled persons in detention facilities. The author considers the practice in certain subjects of the Russian Federation on increasing indexes of accessibility of the objects of penal system pertinent to disabled persons. The article analyses the issues of rehabilitation of the disabled, treatment facilities, employment and education within the correctional facilities. The author carries out a comparative analysis of the overall count of disabled convicts kept in the correctional facilities and serving sentence from 2006 to 2017, including those capable to work on medical authority and the number of the employed disabled convicts. As a result of this study, the author determines the key problems emerging in employment of the disabled convicts that serve sentence; suggests the methods for preventing crimes among the disabled convicts; concludes that correctional impact with regards to disabled convicts must be exercised with consideration of international standards and lean on the need for providing assistance under the conditions of isolation and after discharge for the purpose of preventing recidivism.
Zaborovskaia I. —
The problem of exercising rights of disabled individuals to better living amenities while incarcerated
// Politics and Society. – 2018. – ¹ 1.
– P. 90 - 96.
DOI: 10.7256/2454-0684.2018.1.25226
URL: https://en.e-notabene.ru/psmag/article_25226.html
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Abstract: This article is dedicated to the analysis of exercising rights of the incarcerated disabled people to accessible environment and improvement of living amenities in detention facilities. Prior to the ratification by the Russian Federation of the UN Convention on the Rights of Persons with Disabilities, the correctional facilities were not properly equipped for the disabled people, nor there were instructions on the need for providing the technological infrastructure and accessibility of the objects of the penal system. After the ratification of the aforementioned convention, has been adopted a federal program “Accessible Environment” about the rights of the persons with disabilities within the correctional facilities, considering their needs. Based on the analysis of the Russian legislation, legal precedent of the European Court on Human Rights, foreign experience of organizing incarceration for punishment, the author underlines the existence of gap in definition of the “improvement of living amenities” within the Penal Code of the Russian Federation, and suggests to amend the corresponding penal legislation: in engineering and reconstruction of the buildings, constructs, and other complexes to ensure the requirements in observance of rights of the incarcerated disabled people to accessibility of the facilities and objects; train the penal system personnel in working with the incarcerated disabled people; create the specialized penitentiaries for the disabled people in the Russian Federation.