Выпуск №1

Abuse of Powers by Employees of the Criminal-Executive System as a Cause of Penal Conflicts

Авторы:

Giunel V. K. Gamidova

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Информация о статье:

Тип статьи: jurisprudence

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Для цитирования:

G. V. Gamidova, ‘Abuse of powers by employees of the criminal-executive system as a cause of penal conflicts’, Ural Journal of Legal Research, 2021, No. 1. pp. 3–11. DOI 10.34076/2658_512X_2021_1_3.

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Аннотация:

The article reveals the essence of such concepts as penal conflict and penal conflictology. The penal conflict is a kind of social conflict that includes contradiction, confrontation, and controversy. Penal conflict occurs between actors of penal relations about certain values or their totality, depending on their interests. The relevance of this research topic is the presence of various causes and conditions of conflicts in the penal community. According to statistics, one of the causes of conflicts is unlawful acts by personnel of the penal system. They violate the rules established by penal law because of mercenary or personal interest. For example, the third place among official crimes of personnel of the penal system is occupied by abuse of power that leads to destabilization of the system and aggravation of the criminal situation in correctional facilities.

Analysis of case law shows such forms of abuse of powers as the transfer of prohibited items to convicts; breach of financial discipline; connivance; unjustified and illegal disciplinary proceedings against convicts, suspects, accused persons; granting of release on parole in the absence of mandatory conditions and grounds; subjective factors, etc

Against the backdrop of reduction of criminal cases against the personnel of the penal system, it is important not to forget about rather high level of latency of the crimes in question, including due “inaccessibility” of the correctional facilities. It is “inaccessibility” of the correctional facilities that hinder the effective functioning of the penal system of the Russian Federation, which explains the need for further theoretical and practical developments in this area.

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Список цитируемой литературы:

1. A. P. Detkov, Theoretical and Methodological Problems of Penal Conflictology: Criminal Law and Penal Aspects: Monograph, Ural State Law Academy, 2011, at 356.
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7. S. M. Kurbatova, Forms of Corruption Abuse of Powers: General Description and Features of the Criminal Executive System, Topical Issues of Anti-Corruption: History, Current State, and Prospects, in the Proceedings of the Interuniversity Research-to-Practice Conference. with International Participation, S. A. Kutsenko (ed.), 2018, at 193–198. https://www.elibrary.ru/download/elibrary_38075552_20236184.pdf (accessed: November 18, 2020).

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Ключевые слова:

penal law, penal conflictology, penal conflict, causes of penitentiary conflicts, criminal-executive system, correctional facilities, abuse of power, latency

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