| Форма представления | Статьи в зарубежных журналах и сборниках |
| Год публикации | 2017 |
| Язык | английский |
|
Бакулин Валерий Константинович, автор
|
| Библиографическое описание на языке оригинала |
Bakulin V.K., Control and supervision over penitentiary systems in France and the USA//Astra Salvensis. - 2017. - Vol.5, Is.10. - P.35-42. |
| Аннотация |
This article is devoted to the study of the institution of control and supervision over penitentiary
systems in France and the USA. It is noted that this institution, especially in the European
penitentiary systems, in general, is similar to the institution of control and supervision over
institutions and bodies implementing criminal penalties in Russia. Firstly, this is due to
belonging to two most recognized legal systems in the world - Anglo-Saxon (USA) and Romano-
German (Russia, France). Secondly, this is due to using the international law in their domestic
legal systems, although the forms of implementing the international norms have their own
peculiarities. Thus, foreign specialists in the field of international law singled out two models in
the mechanism of implementing the international legal norms within the national legal system -
transformational (implementational) and adoptive (incorporative) (Vanek, 1949; Brownlie,
2003), which were used in the countries of the Anglo-Saxon legal system. A distinctive feature of
the US legal system is the priority of US national legislation over the international treaties
involving the USA. Thirdly, the relative uniformity of control and supervision over the
penitentiary systems of France and the USA is due to the sufficient identity of the systems of
criminal penalties and types of correctional facilities. Punishment in the form of deprivation of
liberty forms the backbone of the system in almost all civilized countries of the world, and
prisons are the eternal companions of almost any state in the world. Fourthly, the effectiveness
of the institution of control and supervision over penitentiary system depends to a large extent
on the institutional model of penal system existing in a given country both abroad and in Russia.
The effectiveness of the institution of control and supervision over penitentiary system makes
impact on the effectiveness of penitentiary system itself. The indicators of the system
effectiveness are represented by the level of post-penitentiary relapse, that is, the number of
persons having committed crimes after serving their sentence. The statistics, unfortunately,
indicate that more than half of former prisoners commit the crimes again in the USA (Bykov,
2015), and the post-penitentiary relapse is up to 60% in the prisons in France (Utkin, 2016).
From our point of view, the efficiency of penitentiary system is influenced by the institution of
pardon, which is stipulated by French law (Articles 133-7, 133-8 of the Criminal Code of France)
(Bakulina, Bakulin, 2015) and the US law. As a rule, pardons commit secondary offenses fewer
times than just those released or amnestied. |
| Ключевые слова |
Departmental control, Effectiveness, Judicial review, Penitentiary system of France, Penitentiary
system of the USA, Prosecutor supervision, Release on parole |
| Название журнала |
Astra Salvensis
|
| URL |
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85038893108&partnerID=40&md5=ff9494d3f8124b080cee4bc4ff67dc49 |
| Пожалуйста, используйте этот идентификатор, чтобы цитировать или ссылаться на эту карточку |
https://repository.kpfu.ru/?p_id=175792 |
Полная запись метаданных  |
| Поле DC |
Значение |
Язык |
| dc.contributor.author |
Бакулин Валерий Константинович |
ru_RU |
| dc.date.accessioned |
2017-01-01T00:00:00Z |
ru_RU |
| dc.date.available |
2017-01-01T00:00:00Z |
ru_RU |
| dc.date.issued |
2017 |
ru_RU |
| dc.identifier.citation |
Bakulin V.K., Control and supervision over penitentiary systems in France and the USA//Astra Salvensis. - 2017. - Vol.5, Is.10. - P.35-42. |
ru_RU |
| dc.identifier.uri |
https://repository.kpfu.ru/?p_id=175792 |
ru_RU |
| dc.description.abstract |
Astra Salvensis |
ru_RU |
| dc.description.abstract |
This article is devoted to the study of the institution of control and supervision over penitentiary
systems in France and the USA. It is noted that this institution, especially in the European
penitentiary systems, in general, is similar to the institution of control and supervision over
institutions and bodies implementing criminal penalties in Russia. Firstly, this is due to
belonging to two most recognized legal systems in the world - Anglo-Saxon (USA) and Romano-
German (Russia, France). Secondly, this is due to using the international law in their domestic
legal systems, although the forms of implementing the international norms have their own
peculiarities. Thus, foreign specialists in the field of international law singled out two models in
the mechanism of implementing the international legal norms within the national legal system -
transformational (implementational) and adoptive (incorporative) (Vanek, 1949; Brownlie,
2003), which were used in the countries of the Anglo-Saxon legal system. A distinctive feature of
the US legal system is the priority of US national legislation over the international treaties
involving the USA. Thirdly, the relative uniformity of control and supervision over the
penitentiary systems of France and the USA is due to the sufficient identity of the systems of
criminal penalties and types of correctional facilities. Punishment in the form of deprivation of
liberty forms the backbone of the system in almost all civilized countries of the world, and
prisons are the eternal companions of almost any state in the world. Fourthly, the effectiveness
of the institution of control and supervision over penitentiary system depends to a large extent
on the institutional model of penal system existing in a given country both abroad and in Russia.
The effectiveness of the institution of control and supervision over penitentiary system makes
impact on the effectiveness of penitentiary system itself. The indicators of the system
effectiveness are represented by the level of post-penitentiary relapse, that is, the number of
persons having committed crimes after serving their sentence. The statistics, unfortunately,
indicate that more than half of former prisoners commit the crimes again in the USA (Bykov,
2015), and the post-penitentiary relapse is up to 60% in the prisons in France (Utkin, 2016).
From our point of view, the efficiency of penitentiary system is influenced by the institution of
pardon, which is stipulated by French law (Articles 133-7, 133-8 of the Criminal Code of France)
(Bakulina, Bakulin, 2015) and the US law. As a rule, pardons commit secondary offenses fewer
times than just those released or amnestied. |
ru_RU |
| dc.language.iso |
ru |
ru_RU |
| dc.subject |
Departmental control |
ru_RU |
| dc.subject |
Effectiveness |
ru_RU |
| dc.subject |
Judicial review |
ru_RU |
| dc.subject |
Penitentiary system of France |
ru_RU |
| dc.subject |
Penitentiary
system of the USA |
ru_RU |
| dc.subject |
Prosecutor supervision |
ru_RU |
| dc.subject |
Release on parole |
ru_RU |
| dc.title |
Control and supervision over penitentiary systems in France and the USA |
ru_RU |
| dc.type |
Статьи в зарубежных журналах и сборниках |
ru_RU |
|
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