The book “From the “land of incarcerations” towards the society with a minimal use of pain: Finnish experience of reducing the prison population” includes articles and essays written by Tapio Lappi-Seppälä, Inkeri Anttila and Patrik Törnudd and translated into Russian. Authors reflect on factors, realization, consequences and significance of penal reforms in Finland. The book contains also the pictures made in a number of Finnish prisons.
At the moment Finland is on one of the last places in Europe in terms of prison population rate (55 prisoners per 100 000 inhabitants by 1.1.2016) though at the beginning of 1950s the number of prisoners was about three times higher and Finland was famous as a “land of imprisonment”. This change was the result of the consistent penal reforms since 1960s: decriminalization of a number of actions, day-fine reform, reducing minimum time for parole, expanding the use of fines and conditional sentence instead of prison, reducing the length of pre-trial detention, introduction and expansion of community service etc.
This article explores explanations for differences in penal severity in industrialized countries, evaluating quantitative data and theoretical perspectives to examine several aspects of penal systems. These include rates of imprisonment in different countries, crime rates in relation to prisoner rates, welfare and social equality, trust and legitimacy, and democracy and political economy. The focus is not restricted to the Anglophonic world, but encompasses the Scandinavian countries, Western and Eastern continental Europe, and the Baltic states. Unprecedented expansions of penal control have occurred in recent decades in different parts of the world. American imprisonment rates have increased nearly fivefold and Dutch rates sixfold since the early 1970s. Substantial changes of differing magnitudes may be observed in many countries. An increase in states’ willingness to use penal power has provoked criminological and sociological explanations, most from writers in North America and English-speaking countries. An unspoken assumption that developments in the United States and England and Wales occurred elsewhere has influenced efforts to formulate general explanations of changes taking place under general conditions of late modern society.
However, the author notes that things have not happened the same way everywhere, and to overlook differences between nations may lead to overgeneralised and simplified pictures of the dynamics of penal change. For example, alongside general growth in cultures of control, there are divergent trends and country-specific deviations. The Scandinavian countries with their more restrained penal policies serve as one important counterexample: despite some recent criticisms, Nordic penal policy has been an example of a pragmatic and non-moralistic approach, with a clear social policy orientation. It reflects the values of the Nordic welfare-state ideal and emphasizes that measures against social marginalization and inequality work also as measures against crime. In conclusion, the author argues that the pre-conditions of rational policy-making must be prioritised over populist posturing through the production of more and better information for politicians, practitioners and the public. The normal rules of political accountability should also be applied in penal discourse.
Our research shows that ECHR protection of property rights standards in general may be regarded as “legal transplant” for the Russian law. The broad concept of “property”, requirements of proportionality and balance of public and private interests, rule of law prescriptions that form the core elements of property rights protection under the ECHR were mostly unfamiliar for the Russian legal system at the time Russia ratified the European Convention in 1998. Russian legal system cannot be said to be a fertile ground for human rights norms and the ECHR provisions in particular. Long-standing socialist legal tradition (including public interest domination and ultra-positivism) explains many difficulties and challenges of the ECHR implementation process in Russia. The eight chosen empiric examples of the ECHR violations demonstrate numerous collisions of ECHR spirit with attitudes common for the Russian law. Inherent features of the mentioned tradition (that remains dominant in Russia) produce most of the problems that result in disproportionate, unpredictable interference with private property rights, failure of the State to comply with its positive obligations and provide effective remedies to private parties in case of property rights violations. And it is not a coincidence that most of Article 1 P-1 violations by Russia are coupled with violation of Article 6 (for example, non-execution of court decisions, breach of legal certainty in supervisory review proceedings, confiscatory measures taken in course of criminal or administrative proceedings). This brings us to conclusion that Russian courts and judges need to play more proactive and significant role in property rights protection then they do now. Our study also shows that situation with property rights protection is not static but improving. None of the eight problematic areas of property rights violations remained intact; there were numerous positive developments, changes of legislation and case law necessary to remedy the situation. Overall, we may say that Russia has demonstrated its readiness and willingness to reform its legal system and to strengthen private property rights protection. In most instances, we observed dynamic and productive dialog between Russia, ECtHR and Committee of Ministers of the Council of Europe. But the most important impact of the ECtHR on Russia is expressed in gradual evolution of the Russian legal tradition. ECtHR and its legal doctrines, principles, concepts influenced Russian legal system by diffusing, transferring new values, knowledge, best-practices to lawyers, judges, and scholars. ECtHR provoked internal discussions in the Russian legal community, stimulated changes in interpretation of law by courts.
Objective: to identify the diversity of cohesion forms in confi nement institutions. Methods: qualitative analyses based on in-depth semi-structured interviews. Results: the study included adaptation of Western methodologies of the cohesion phenomenon analysis to the Russian reality, and operationalization of the moral bases of group cohesion. This served as the bases for designing a guide for in-depth semi-structured interviews; 10 interviews were conducted with people recently released from general and strict regime colonies. Content analysis of the interviews revealed a number of structural sections that demonstrate the diversity of cohesion forms, alongside with one that is most meaningful to the prisoners and therefore the most well perceived and articulated by respondents. Analysis of the latter allowed to identify a set of groups showing different degree and nature of cohesion. By the degree of cohesion one can identify the poorly cohesive groups ("louts"), moderately cohesive ("reds", "thieves") and highly cohesive ("fi ghters"). By the nature of cohesion in the prisoners’ community, there are both groups united on the basis of social morality ("reds", "thieves") and groups demonstrating a high degree of cohesion based on the social justice morality ("fi ghters"). A detailed analysis of the latter group also showed that the cohesion can have both traits of morality, social justice, and features of social order moral. Scientifi c novelty: using the socio-psychological theory of the moral motives in determining the bases of cohesion. Practical signifi cance: the research results can be applied for the development of socio-psychological techniques for the penal system reform
As we can see that on the issues of the identity and the question for reinforcing the multi identity social space, the capacity of the law is not universal and in many a cases it does not bring the desired results. In some cases it brings the very unwelcome results in even the tolerant societies which does not appreciate their civilizaitonal and cultural platform being threatened either by the newly arrived minorities or by the long established minorities with certain clouts and disproportionate levers of power both political and economic. The ideational space that creates the condition of mutual exclusivity which further gets aggravated in the name of protecting the cultural and identity of the minority rights through legal mechanism has to be further cemented and substantiated through civil and cultural engagements. One of the necessary components is to work on the preparation of the civil and educational common identity platform where one identity is not annulling the other identity or not mutually exclusive but creates the condition where the multilayered formation of the macro identity, the minorities identity questions are co- habituated. In nutshell, one can safely surmise that though the legal tools and the norms are the basic minimum for the rights of the minorities being safeguarded, in many a cases it further complicates and in few cases it aggravates the whole objective for which these laws and regulations have been established
Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/