Legislative guarantees for the protection of persons sentenced to imprisonment from torture and other cruel or degrading treatment in the post-Soviet states | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2022. № 20. DOI: 10.17223/23088451/20/20

Legislative guarantees for the protection of persons sentenced to imprisonment from torture and other cruel or degrading treatment in the post-Soviet states

The article presents a comparative legal analysis of the penal laws of the post-Soviet states on legal guarantees for the protection of persons sentenced to imprisonment from torture and similar treatment. The basis of the study is the elements of the system of international legal guarantees: material, procedural, and institutional. The discrepancy between the wording of international standards and Russian regulatory legal acts regarding the prohibition of torture and similar treatment is evaluated. The study is carried out according to a number of criteria reflecting various aspects of these guarantees: terminology, localization of the guarantees in the structure of codes, determination of the place of these guarantees in the system of the rights of convicts, fixation of the national preventive mechanism in the law. The similarities and differences of the penal law of the post-Soviet states are revealed. Proposals are formulated to improve Russian laws.

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Keywords

convicts, torture, violence and other cruel or degrading treatment, system of international legal guarantees of protection from torture and equivalent measures in post-Soviet states, national preventive mechanism

Authors

NameOrganizationE-mail
Pavlenko Andrey A.Tomsk Institute for Advanced Training of Employees of the Federal Penitentiary Service of Russiaa.pav@list.ru
Всего: 1

References

 Legislative guarantees for the protection of persons sentenced to imprisonment from torture and other cruel or degrading treatment in the post-Soviet states | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2022. № 20. DOI: 10.17223/23088451/20/20

Legislative guarantees for the protection of persons sentenced to imprisonment from torture and other cruel or degrading treatment in the post-Soviet states | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2022. № 20. DOI: 10.17223/23088451/20/20

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