Theoretical aspects of penal juvenology

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THEORETICAL ASPECTS OF PENAL JUVENOLOGY

Аннотация

Изучением молодежи как особой социально-возрастной группы занимается наука ювенология. При этом вне поля зрения ученых остается очень важная категория подростков - несовершеннолетние, отбывающие наказание в виде лишения свободы в исправительных учреждениях уголовно-исполнительной системы. Накопление знаний на стыке нескольких наук, имеющих отношение к несовершеннолетним осужденным, позволяет сформулировать новую науку - пенитенциарную ювенологию. В настоящей статье сделана попытка анализа внутренней организации процесса теоретического познания пенитенциарной ювенологии, его способах и методах.

Ключевые слова: ювенология, уголовно-исполнительная система, методология, преступность.

Abstract

The study of young people as a specific social and age group engaged in science juvenology. Outside of the field of view of scientists is very important category of teenagers - juveniles serving sentences of imprisonment in correctional institutions of the penal system. The accumulation of knowledge at the intersection of several sciences related to juvenile offenders, allows us to formulate a new science - penal juvenology. This article attempts to analyze the internal organization of the process of theoretical knowledge penal juvenology, his methods and techniques.

Keywords: juvenology, penal system, methodology, crime.

Main text

Now in Russia problems of execution and serving of punishment in the form of imprisonment concerning minors cause keen interest from society, scientists, politicians, employees of law enforcement agencies, representatives of public organizations. It should be noted that the well-being of children and their rights have always attracted attention of the international community [1]. The Concept of development of criminal and executive system of the Russian Federation till 2020 provides elaboration of new approaches, the directions, forms and methods of improvement of penitentiary policy for minor offenders. It, first of all, means solutions of the problems connected with social and legal, medical, psychological support of the teenagers who are in correctional facilities of criminal and executive system, their resocialization.

As of January 1, 2014 correctional facilities of FSIN of Russia contained 755,6 thousand people condemned including in 46 educational colonies for minors - 2,8 thousand people. Analyzing crime of minors, it is possible to see that about 40% of the crimes committed by teenagers are the share of the persons who didn't reach 16 years. Cause fears and indicators of recurrent crime of minors - about 70% of teenagers commit repeated crimes and come back to imprisonment places. The crime of this category of the population reflects an objective social situation in the country in general, shows a certain degree of expressiveness of the processes happening in the state, sharpness of the contradictions causing growth of criminal moods. juvenology penal minor punishment

The difficult and extensive complex of social and economic, psychophysiological, social and legal, ecological and other factors which influence is intensified from year to year, as we know, has impact on formation of the identity of the teenager.

It is known that the science the youth studies representing the interdisciplinary field of knowledge connected with studying of youth as special social and age group and uniting legal, medical, sociological, psychological, culturological and other approaches deals with problems of youth. Thus out of sight of scientists there is very important aspect of the existing problem - a condition of the minors serving sentence in the form of imprisonment in correctional facilities of criminal and executive system. Researches show that in this case there is absolutely unique combination of the social and legal, psychology and pedagogical, ecological and medical factors influencing the young man who made illegal act. All told speaks about need of an integrated approach of scientific studying of teenagers in the conditions of compulsory social isolation.

Proceeding from stated, there is a need of research of the legal, psychology and pedagogical, social and medical features concerning stay of minor citizens in the conditions of compulsory social isolation. Scientific novelty decides by introduction to a scientific turn of earlier unknown actual material on formation of new branch of scientific knowledge - penal juvenology [2].

Results of research as it is thought, will allow to deepen ideas of structural reorientation of valuable installations of the Russian youth in the conditions of cardinal modernization of the Russian society. The revealed valuable invariants, and also the description of procedural nature of valuable reorientation, her main a determinant, will allow to improve development of effective social technologies of improving projective influence on the valuable world of the younger generation [3].

Development of the theory of any science is inseparably linked with the analysis of methodology, definition of the initial principles of its development. The principle represents purely logical phenomenon which is created specially in the course of systematization of the received information.

The science methodology “Penitentiary youth studies”, first of all, is connected with the internal organization of process of theoretical knowledge, its ways and methods. It is represented that the organization is an internal orderliness, coherence of interaction of more or less differentiated and autonomous parts whole, caused by its structure, and also set of the processes or actions conducting to education and improvement of interrelations between parts whole.

The leading role in penitentiary youth studies is played by philosophical categories of the phenomenon and essence. Being guided by the philosophical law of a general relationship and interdependence of natural phenomena and society, it is possible to claim that compulsory social isolation of teenagers can't be studied separately, out of its communication with other social processes.

Feature of dialectic approach to a question of determination of regularities and laws of penitentiary youth studies consists in emphasis of attention not so much on the general philosophical laws to which these or those private phenomena submit, how many on the regularities of more general order connected with definition of a role of “a juvenile factor” in public life, dialectics of a ratio social and legal biological, psychological and spiritual began in the course of a growing of younger generation. Establishment of regularities of development of object of research and the decision on this basis of the arising new theoretical and practical problems and tasks becomes the most significant sign of development of penitentiary youth studies.

In penitentiary youth studies also such method of knowledge as system approach is actual. This method assumes consideration of the studied object as some unity of the interacting elements, and quality of object is defined not so much by a set of the elements making it, how many nature of interaction between them.

Besides, the method of the source study analysis gives the chance to reveal all set of sources and to carry out their assessment in respect of reliability of the material presented to them. Among concrete methods for carrying out researches in the field of penitentiary youth studies statistical and sociological methods can be used.

Among sociological methods the greatest distribution was gained by such methods as the supervision (included and disconnect), an expert assessment, sociometry, the analysis.

Private scientific methods, specific to penitentiary youth studies, are: the comparative and legal, allowing to consider juvenile institutes in their development in different intervals of time or to compare their state at the same time in various world and national systems of the right; the legal hermeneutics giving the chance except decoding of sense of the legal text happening within linguistic interpretation to open also sense of a legal situation; statistical by means of which quantitative quality indicators of dynamics of the analyzed juvenile phenomena are investigated, the social and demographic and characterizing the teenager other signs are studied; biographical, allowing to define some personal characteristics of minors; documentary, assuming studying of standard material and synthesis of jurisprudence; the method of an expert assessment assuming clarification of the relation of experts to the analyzed problem.

References

1. Pustovalov A.R., Polovnikova A.A. Legal regulation of house children institutions in penal system // Problems of legal regulation of the penal system Collected materials of All-Russian scientific-practical conference, Part 2. 2014. P. 20-23.

2. Ponomarev S.B., Pustovalov A.R., Burt A.A. Penal juvenology: methodology of science // II International forum penitentiary «Crime, punishment, correction» (to the 60th Anniversary of the Standard Minimum Rules for Treatment of Prisoners and the 30th Anniversary of adoption of the standard minimum rules for the administration juvenile justice), Ryazan, 25-27 November 2015: T. 1. 2015. P. 285-287.

3. Ponomarev S.B., Pustovalov A.R., Burt A.A. Update the role of prison juvenology in modern conditions // Perm sixth congress of scientists-lawyers, Perm, 16-17 October 2015. Perm, 2015. P.123-125.

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