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TO THE QUESTION ABOUT THE FACTORS AFFECTING THE PRACTICE OF APPLICATION OF PUNISHMENTS ALTERNATIVE TO IMPRISONMENT

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PDF: Author(s): Lyadov E. V.,
Number of journal: 2(47) Date: May 2019
Annotation:

The practice of executing punishments as an alternative to deprivation of liberty is influenced by a number of factors that have a serious impact on her. Among these factors, political conditions in the state can be singled out, while the author points out that the criminal policy in the last decade was characterized by a lack of thoroughness and balance, and changes and additions made to the current criminal legislation have sometimes led to serious intrasectoral and intersectoral collisions; instability, instability of the economy entails imbalances in other areas, is not an exception, and the scope of application of criminal penalties, so as the next factor we can highlight the state of the economy of the state and the standard of living of the population in a particular historical period of time; social and legal factor, which constitutes the prevailing public opinion at a given period of time as about the activities of institutions that execute punishments, alternatives to deprivation of liberty and about punishments themselves, the effectiveness of their application is no less important, the author points out that the depth of understanding of the ongoing processes of humanization scope of punishment depends on the perception of the reality of the application of punishment; the level of development of morality and culture in society and the state is the next factor influencing the practice of executing alternative sentences to deprivation of liberty, while the author notes that the moral condition of the population is in a certain dependence on its financial well‑being. A person having a certain moral basis can develop it only in favorable conditions of existence for him. Summing up, the author emphasizes that the totality of factors influencing the practice of the execution of sentences, alternative to imprisonment, should be considered in their totality and interrelation.

Keywords:

factors; convicts; alternatives; alternative sentences to deprivation of liberty; non‑custodial sentences; criminal penalties; execution of sentences; criminal penalties; punishment; punishments not related to isolation.

For citation:

Lyadov E. V. To the question about the factors affecting the practice of application of punishments alternative to imprisonment. Business. Education. Law, 2019, no. 2, pp. 278–282. DOI: 10.25683/VOLBI.2019.47.243.