Special Conditions Regime in Penitentiary Institutions: A Comparative Analysis

The article focuses on the problems of applying the regime of special conditions in penal institutions, related to the increase in natural and human-made disasters as well as ensuring safety in extreme conditions through the application of a special legal regime of penal legislation. The analysis has shown the absence of a unified legal regulation when introducing the special conditions regime in correctional institutions. The article provides a theoretical understanding of the features that form the basis for the application of special conditions regime. The problems identified indicate the dispositiveness of the article of the Criminal Executive Code of the Russian Federation, providing for the introduction of a special legal regime. The application of the special conditions regime leads to the conclusion about its declarative character, in spite of direct grounds in Article 85 of the Penal Code of the Russian Federation. The problems identified throughout the study determinate the development of a new edition of the article governing the application of special conditions rgime in penal legislation.

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