Problematic aspects of serving forced labor as a «new» type of punishment

Marchenko Аlexander Vasilyevich, Marchenko Valentina Viktorovna, Vyvolokina Albina Vitalievna, Fokina Sofiya Igorevna

The article is devoted to the consideration of such a topical issue, which is associated with the problematic aspects of criminal law in the field of serving forced labor, as a "new" type of punishment. The authors pay special attention to the issue of implementation of the considered punishment in correctional centers. In addition, within the framework of the article a comparative-legal analysis of the situation of persons sentenced to forced labor and convicted persons serving their imprisonment in a colony-settlement was carried out. On the basis of the study, the authors concluded that the introduction of forced labor as a separate type of punishment poses a number of unresolved problems, so the scope of its application is significantly limited. In this connection there is an urgent need in revision of some norms of the Criminal Code and the Penitentiary Code of the Russian Federation (for example, the introduction of additions to the current edition of part 2 article 74 of the Penitentiary Code) which are related to the regulation of punishment in the form of forced labor as a punishment alternative to imprisonment, without duplicating the order of execution of other punishments. The authors argue that this will provide an opportunity to execute a new punishment "in a new way" and more clearly attribute it to those punishments that are not associated with isolation from society.

Keywords:convicts, forced labor, correctional center, imprisonment, colony-settlement, isolation from society.