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Uvarov I.A. The dynamic concept of the process of serving a criminal sentence in the works of Yu.V. Byshevsky, and its significance for penitentiary prevention. Journal of Social Policy, Population Preservation and Reproductivity. 2022; 1(1). Available at: https://spnjournal.ru/PDF/08SPN122.pdf (in Russian).

The dynamic concept of the process of serving a criminal sentence in the works of Yu.V. Byshevsky, and its significance for penitentiary prevention

Uvarov Igor Alekseevich
Russian State Social University, Moscow, Russia
Krasnodar University of the Ministry of Internal Affairs of the Russian Federation
Stavropol branch, Stavropol, Russia
E-mail: uvarov.igor@mail.ru
ORCID: https://orcid.org/0000-0002-2678-7505
RSCI: https://elibrary.ru/author_profile.asp?id=456707

Abstract. The problems of the execution of criminal punishment in the form of imprisonment have not lost their relevance for many decades. It has now become a trend to criticize the Soviet period of the implementation of punishment in the form of imprisonment. Considering it as a kind of thoughtless process aimed at suppressing personality. The article attempts to show by the example of the works of the famous Soviet criminologist, Yuri Vladimirovich Byshevsky, who for thirty years conducted research on convicted repeat offenders. In the course of many years of research, Yu.V. Byshevsky came to the conclusion that punishment in the form of imprisonment can be effective if the process of correctional influence on convicts is considered in dynamics. Using the methodology formulated by him for the integral assessment of the personality of repeat offenders serving sentences in the form of imprisonment, he was able to establish the presence of a specific feature — the «dynastic process». The sentence imposed on the convicted person was conditionally divided into three stages. Moreover, the duration of each was determined not by the appointed term of punishment, but by the qualitative characteristics of the convict’s personality. In this case, the period of transition of the convicted person from one stage of serving his sentence to another was in direct causal connection with the presence of positive qualities in him that made it possible to increase the effectiveness of serving his sentence. The qualitative characteristics of the convict’s personality could only be assessed in dynamics. Hence the specific name of the concept — «dynamic». The author of the article proposes, in the course of a logical and methodological analysis of the use, to apply this method in assessing the personality of convicts serving a criminal sentence in the form of imprisonment, in the process of modern penitentiary prevention.

Keywords: integral assessment of the convict’s personality; repeat thief; research methodology; penitentiary prevention; criminal penalty; deprivation of liberty; personality suppression

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