Certain Aspects of the Interbranch Regulation of the Convictіs’ Labor Organization in France
Abstract
The article analyzes some aspects of the French legislation, which concern the regulation of convicts’ labor organization and penitentiary as a whole (taking into account some of the provisions of Russian, American, German and British criminal, penal and criminal procedural law). The legal acts, which regulate the organization of convicts’ labor in France were determined. During the research the features of the regime of semi-freedom and labor organization of convicts, sentenced to punishments that are not related with incarceration were studied. The work is based on the use of comparative legal and historical research methods. As information base of the research were used acting French regulations that govern the execution of criminal penalties, as well as legal acts, concerning penitentiary special contingent’s labor organization. Was also used data from the French state statistics in the field of execution of criminal punishments. The cross-country comparisons with regard to the relevant rules and regulations of the laws of Russian Federation, the Federal Republic of Germany and the United States were carried out.
References
[2] Krymov, A.A., and Skiba, A.P. 2015. Execution of imprisonment in respect of sick prisoners: monograph/under the General editorship of Y.A. Kashuba. Ryazan: Academy of the Federal penitentiary service of Russia.
[3] Rodionov, A.V., Skiba, A.P., Kalashnikov, G.M., and Baranova, E.A. 2016. Organization of labour of prisoners in French penitentiaries. Herald of Stavropol University, 3(26): 69-71.
[4] Skiba, A.P. 2016.Suspension of execution of sentence: the shortcomings of the criminal Executive and criminal procedural regulation. Man: crime and punishment, 1: 21-24.
*** Code du travail de la République France [web resource]. Available at: https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006072050
*** Code pénal de la République de France [web resource]. Available at: https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070719
*** Décret no 59-322 du 23 février 1959 Concernant l'application du code de procedure penale [web resource]. Available at: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000491843
*** loi pénitentiaire No. 2009-1436 de 24.11.2009// JORF. - 2009. - No. 0273. – No. 20192 [web resource]. Available at: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021312171&categorieLien=id
*** Penitentiary statistics of France [web resource]. Available at: http://www.prisonstudies.org/country/france
*** Recommendation of the Committee of Ministers to member states on the European Prison Rules No. Rec (2006) [web resource]. Available at: http://www.coe.int/t/DGHL/STANDARDSETTING/PRISONS/EPR/EPR-RU.pdf
*** The Prison Rules (the Great Britain legislation act No. 728 dated March 11, 1999) [web resource]. Available at: http://www.legislation.gov.uk/uksi/1999/728/made
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.