Article 4213

Title of the article

WORK IN PENITANTIARY FACILITIES: THE CONSTITUTIONAL AND LEGAL ISSUES OF FORCED LABOR 

Authors

Karpushkin Aleksey Valentinovich, Candidate of juridical sciences, associate professor, sub-department of state and legal disciplines, Penza State University (Penza, 40 Krasnaya str.), Karpuschckin@yandex.ru

Index UDK

342.7

Abstract

The purpose of this paper is to consider the admissibility of attracting persons serving a sentence of imprisonment to work without their consent. The author investigates the constitutionality of statutes that allow the possibility of compulsory labor by these individuals, as well as the decision of the Constitutional Court of the
Russian Federation on the issue. The researcher reveals contradictions in the legal positions of the Constitutional Court and the inconsistency of the criminal law in the studied area of the fundamental principles of the Constitution, which limits the use of involuntary labor. The main conclusion is the proposition that forced labor is only possible to achieve a constitutionally significant goals, and can not be due to the special status of a person, therefore, the establishment of obligations for prisoners to work is unacceptable.

Key words

RF Constitution, forced labor, limitation of rights and freedoms

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Дата создания: 24.09.2014 11:55
Дата обновления: 25.09.2014 08:09