On the possibility and practicability of implementing some provisions of European prison rules into Russian legislation

Having joined the European Council in 1996 and ratified the European Convention for the protection of Human Rights and Fundamental Freedoms in 1998, Russia demonstrated its commitment to the ideals and principles of humanism and democracy. The Russian Federation assured the European Council that it is ready to bring its legislation in line with the European norms. This step required to correct a number of normative legal acts which were inconsistent with the provisions of the Convention. The work on the revision of current legislation, including those branches which covered both criminal and penal areas, started. The article gives a comparative analysis of European prison rules and corresponding norms (rules and provisions) regulated by Russian legislation and reveals the existing collisions and gaps. Taking into account the specificity of their functioning, the authors consider the possibility, practicability and necessity of their development by implementation of the provisions of European prison rules into Russian Legislation; formulate some concrete proposals on the development of Russian penal law. The above proposals include some practical steps to eliminate unsubstantiated legal restrictions (in the form of limits and prohibitions) in Russian legislation. Such legislative activities should result in the elimination of unsubstantiated legal restrictions of the rights of convicts, suspects and the accused and decrease the number of appeals to the European Court of Human Rights. The process will develop mutual understanding and collaboration; cooperation of penitentiary systems of different states. The subject matter of the given article seems to be currently important due to the fact that the European Council recommends the governments of its member states to refer to the above documents in their legislation, politics and practice. All judicial authorities, the personnel of penitentiary institutions and prisoners are to know both the content of both these documents and accompanying commentaries.

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