THE RELEASE OF PERSONS SENTENCED TO FORCED LABOR IN CONNECTION WITH THE ESTABLISHMENT OF DISABILITY

When considering various aspects of the release of convicts from serving forced labor in connection with the recognition of the latter as disabled persons of groups I and II, insufficient legal regulation was revealed. The author focuses on such areas for improving legislation as securing the substantive right to the type of early release under study and the procedural basis for considering the issue by the court; the rights of a legal representative of a disabled person to file a petition and the powers (duties) of the administration of the correctional center to send a submission to the court for release; the possibility of bringing a released disabled person to criminal responsibility and punishment in case of failure to undergo a re-examination. The article determines the expediency of prohibiting the assignment of forced labor to persons with disabilities.

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Publication Details

Journal
Penal law
Published
2024-09-16
DOI
https://doi.org/10.33463/2687-122x.2024.19(1-4).2.262-269
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

THE RELEASE OF PERSONS SENTENCED TO FORCED LABOR IN CONNECTION WITH THE ESTABLISHMENT OF DISABILITY

Daria Sergeevna Shcherbakova
Penal law
Legal and Policy Issues
article

THE RELEASE OF PERSONS SENTENCED TO FORCED LABOR IN CONNECTION WITH THE ESTABLISHMENT OF DISABILITY

Daria Sergeevna Shcherbakova
article en

Abstract

When considering various aspects of the release of convicts from serving forced labor in connection with the recognition of the latter as disabled persons of groups I and II, insufficient legal regulation was revealed. The author focuses on such areas for improving legislation as securing the substantive right to the type of early release under study and the procedural basis for considering the issue by the court; the rights of a legal representative of a disabled person to file a petition and the powers (duties) of the administration of the correctional center to send a submission to the court for release; the possibility of bringing a released disabled person to criminal responsibility and punishment in case of failure to undergo a re-examination. The article determines the expediency of prohibiting the assignment of forced labor to persons with disabilities.

Penal lawVol. 19(2)
Federal Penitentiary Service (RU)
Decent work and economic growth
Openalex Percentile: Top 70%
Legal and Policy Issues
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