The ethical dimension of criminal punishment: from the ideals of humanism to penitentiary reality

The subject of this study is the ethical dimension of criminal punishment, expressed in the relationship between humanitarian ideals of criminal law and the penitentiary practice of their implementation. Special attention is given to the analysis of the moral nature of criminal sanctions as a specific institution of social control, which includes both punitive and rehabilitative elements. The article examines the legal and moral grounds for the imposition and enforcement of punishments, as well as the mechanisms of their influence on the convicted individual's personality and public consciousness. The analysis also focuses on the contradictions between the normative provisions outlined in the Constitution of the Russian Federation, the Criminal Code, and international acts, and the actual practices of the penal enforcement system that hinder the achievement of rehabilitation and reintegration goals for convicts. Additionally, the conceptual foundations of the ethical-legal evaluation of criminal sanctions are explored in the context of shaping legal awareness and ensuring the legitimacy of state criminal policy. The study employs dialectical and systemic approaches, as well as methods of formal-legal, comparative-legal, and historical-legal analysis to identify the ethical foundations and contradictions of criminal punishment within the framework of contemporary penitentiary practice. The scientific novelty of the research lies in the comprehensive ethical-legal analysis of criminal punishment as a phenomenon that combines legal and moral nature. The author reveals for the first time the interconnection between humanitarian principles of criminal law and the practice of executing punishments, highlighting the contradictions between the declarative provisions of legislation and actual penitentiary mechanisms. Particular emphasis is placed on justifying the need for integrating moral-philosophical categories into the development and implementation of penal policy as a basis for establishing sustainable humanitarian practices. The work formulates theoretical grounds for revising approaches to the institution of criminal records and proposes directions for reforming the penal enforcement system with a focus on rehabilitation and the protection of human dignity. It concludes that affirming the moral content of criminal sanctions is necessary to enhance their effectiveness and legitimacy in public consciousness, as well as to strengthen institutional mechanisms that minimize the destructive social consequences of incarceration.

criminal punishment, humanism, resocialization, penitentiary system, offenders’ rehabilitation, moral foundations, penal enforcement law, penal policy, social justice, human rights