NATURAL AND POSITIVE LAW IN THE CONCEPT OF CORRECTING OFFENDERS
Author/s: Elena Gennadievna Bagreeva,
Pages: 107-116
UDK: 343.8
340.12
DOI:
Abstract: In the article it is proposed to consider the relationship of purposeful process of correcting convicted persons in places of detention based on the norms of natural and positive law with the prevention of recurrence. Most philosophers consider legal regulation as a mandatory condition for the stable functioning of the state and recognize the law, as a system of norms, which is divided into natural law and positive one. In the penitentiary practice the concept of correcting offenders, which is based on the socio-cultural norms of natural law and the mandatory norms of positive law, should become an essential knowledge of convicted persons with the aim of preventing recurrence. In penal practice the concept of correcting criminals, which are recognized as socio-cultural norms of the natural law and the binding rules of positive law, should become a necessary knowledge of the prisoners for the purpose of prevention of recurrence. The author analyzes the outstanding experience of A.S. Makarenko, as an example of a multidimensional process of “vaccination” convicts by the norms of natural and positive law for their successful resocialization. The article demonstrates the author’s method of comparative analysis of philosophical and legal ideas and also analysis of international law. The study assures that the actual task for the modern prison systems is not only serving the sentence in a safe environment, but also to help convicts to be ready for successful resocialization, as prevention of recurrence on the basis of norms of natural and positive law.
Keywords: Crime relapse, philosophy of law, natural law, socio-cultural norms, positive law, the process of resocialization, experience of A.S. Makarenko, the penitentiary system, the correction process, socio-cultural regulators.
References:
Literature:
– Avdeev, V.A., Avdeeva O.A. (2017) Recurrent crime in Russia: state and development trends. Criminal liability and punishment. The collection of materials
of all-Russian scientific-practical conference dedicated to the memory of professors of the Department of criminal law of the Ryazan higher school of the Ministry of internal Affairs of the USSR V. A. Eleonsky and N. A. Ogurtsova (Ryazan, 17 February, 2017).
– Bachinin, V.A. (2004) Sociology: Law center Press.
– G.N. Filonov (2000) The following text was originally published in Prospects: the quarterly review of comparative education (Paris, UNESCO: International Bureau of Education), vol. XXIV, no. 1/2, 1994, p. 77-91. ©UNESCO: International Bureau of Education.
– Grotius, G. On the law of war and peace. Electronic library “Civil society”.
– Kuzmich, E., Schugurensky, D. (2009) Selected Moments of the XX Century. History of Education. Ontario Institute Studies in Education of the University of Toronto.
– Marques Guedes, A. (2003) “Law as Culture?” In: Hespanka, A. (ed.) Feelings of justice in the Chinese community of Macao. ICS Press: Lisboa.
– Pirie, F. (2013) “The Anthropology of Law”, Oxford University Press.
– Sarvepalli Gopal, Sergei L. Tikhvinsky History of Humanity – Vol. VII, Twentieth Century: Scientific and Culture Development, 2008, Civilization, p. 580
– Youngs, D., Canter, D. (2016) Journal of the Academy of Social Sciences, Issue 4: Crime and Society, Vol. 11.
Other sources:
– Resolution # 45/113 of the UN General Assembly on 14 December 1990
– Workshop on art therapy, 2000, SPb: PETER , p. 324
– www.genproc.gov.ru A criminality condition in Russia for January - December 2016. Moscow.
– www.vesti.ru “Bitterish statistics: 85 percent of prisoners in Russia are recidivists”. 24 March, 201