SOME ISSUES OF THE STANDARD REGULATION OF THE EXECUTION AND ENDURING THE «DETENTION OF MILITARY IN A PENAL BATTALION» PUNISHMENT
Journal Title: Правова держава - Year 2016, Vol 21, Issue
Abstract
In the article the author draws attention to the peculiarities of the the execution and enduring of the «Detention of military in a penal battalion» punishment, conditioned by the specificity of its execution and enduring order, defined by the further continuation of the military service by convicted servicemen and their social isolation in a certain way. Providing isolation of the convicted, a multi-pronged approach concerning the detention of different categories of convicted servicemen, preventing their negative influence on each other, with determination of the proper legal status of the convicted, the author suggests the recognition of the penal battalion as a military unit to be used to ensure the execution of the “Detention of military in a penal battalion” punishment with a medium safety rate. To prevent negative processes of informal relations in the circle of persons who endured their punishments before, those who have committed crimes of average gravity or grave crimes, to exclude the possibility of information exchange in “thieves’ world,” to neutralize the subcultural influence on other and support of criminal traditions and all the author suggests standard regulation of the convicted servicemen detention in penal battalion by such platoons: 1) those who committed the crime for the first time; 2) previously convicted persons, including those who previously endured the punishment of deprivation of liberty or detention in penal battalion; 3) those who have committed crimes of medium gravity, grave or gravest crimes and for whom the deprivation of liberty was changed to the detention in penal battalion; 4) those who committed minor crimes and were inflicted the “Detention in a penal battalion” punishment.
Authors and Affiliations
T. В. Nikolaienko
Keywords
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- EP ID EP356292
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