Development of the principle of democracy in the science of criminal and penal law in the end of the XIX and beginning of the XX centuries

In this article, the author highlights such a topical problem as the development of the principle of democracy in the science of criminal and penal law in the XX century that is the influence of the study of aspects of penitentiary science during two centuries. The aim of the work is the study of the notion of “democracy” in the science of criminal and penal law as well as its main elements. The author also gives the opinion of different scientists of the 19-20th centuries on the questions of signs of democracy in penitentiary science, that is the means of accommodation of prisoners and means of influence on prisoners. This question brings the diversity of opinions among scientists: some scientists take the view that it is necessary tо follow solitary incarceration, some think that solitary incarceration does not follow the principle of democracy. In the question of application of means of influence on prisoners, there are two opinions, the essence of which lies in the following: it is necessary to influence on prisoners with the aim of frightening and further correctional education and influencing with the help of labor. The above stated means of correction of prisoners must correspond to the principle of democracy and most significantly, to the aims of the criminal and penal law, that is, regulation of the order and conditions of execution of punishment stating the means of correction of prisoners, protecting their rights, freedoms and legal interests, providing assistance to prisoners in social adaptation. The conclusions made in this article can be applied to criminal and penal law that is for the correction of prisoners and implementation of new methods of correction in practice.