Teplyashin P.V. Theoretical Basis of Classification and Typology of the European Penitentiary Systems

Abstract: The requirements of national science of criminal penitentiary law and penal system in adoption of positively proved the European penitentiary practice is under the investigation in this article. The category “penitentiary system” and the limits of the method of comparative jurisprudence usage in the analysis of the European penitentiary systems are studied. The doctrinal positions on the possibility of comparison of national penal system simultaneously with the whole array of European penitentiary system are subjected to criticism. The scientific basis of the classification and typology of the European penitentiary systems are presented. The cultural and historical regularities of formation and development, typical law enforcement features of particular European penitentiary systems are revealed. The method of comparative jurisprudence and the system analysis of the European penitentiary reality are used in this article. The methodological substantiation of the existence of a group of European states with their typical features of penitentiary practice is given. The system approach to the investigation of the European penology made it possible for the author to propose classification and typology criteria of the European penitentiary systems. The author presents the common characteristic of 10 types of the European penitentiary systems: 1) Scandinavian (North – European) one; 2) English and Irish one; 3) Dutch one; 4) Germany one; 5) French one; 6) Iberian one; 7) South – European one; 8) East – European one; 9) Baltic one and 10) Slavic one. The conclusion on inexpediency to compare the Russian penitentiary system simultaneously with the whole array of the European ones is made.

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