Malicious Disobedience to the Requirements of a Correctional Facility Administration: Problems of Interpretation, Liability and Security in Detention Facilities

Criminal legal relations in correctional facilities are characterized by a complex of means that deter crimes and offenses among convicts. Subjects providing for penal legal relations, i.e. territorial agencies of the Federal Penitentiary Service of Russia, suggest considering the issue of proposals for making amendments and addendums to the current Criminal Code of the Russian Federation. These proposals actually come down to the revival of Article 188.3 of the Criminal Code of the RSFSR, which provided criminal liability for malicious disobedience to the lawful demands of the prison administration by the convicted person, if during a year this person was subject to a transfer to a cell-type room (single cell), or was transferred to prison. The author analyzed Article 188.3 of the Criminal Code of the RSFSR, a number of norms of corrective work legislation and their application and noted the problems of lexical, legal and organizational nature. In the article, he expresses his position on the prospects for the application of criminal liability for malicious disobedience to the legal requirements of the prison administration.

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