Precautionary function of norms of the criminal and executive right and legitimate interests of the condemned

The post-penitentiary prevention of crimes isn't a subject of any concrete branch of the right. Though till 2020 follows from contents of the Concept of development of criminal and executive system of the Russian Federation that this period in life former condemned is a subject of criminal and executive policy. But this policy doesn't receive the material embodiment, its positions substantially remain declarative. Legislative fixing of questions of post-penitentiary adaptation includes also the period of preparation condemned to release that unambiguously is a subject of the criminal and executive right. It should be noted that the criminal and executive legislation contains also norms which define questions of this adaptation and after release from further serving of punishment. The analysis of the standards of the Criminal and executive code of the Russian Federation regulating the rights and legitimate interests of the condemned, specific proposals on improvement of its these or those norms leads to a conclusion that creation of absolutely new code is required. Its norms have to be coordinated inside and at the interindustry level. In the latter case it is first of all about standards of the criminal and criminal procedure legislation. The main ideas which have to be embodied in the new criminal and executive code, have to be: 1. Punishment in the form of imprisonment has to consist in the fact of isolation from society. In all the rest the legal status of the condemned shouldn't differ from a legal status of other citizens behind the certain exceptions caused by the isolation fact. At the legislative level the exhaustive list of a ban and restrictions for the condemned has to be defined. Possibilities of administration of correctional facility on deterioration of the legal status condemned have to be excluded. The administrative discretion can be allowed for its improvement. 2. At the heart of definition of the mode and conditions of serving of imprisonment personal features condemned, and not vice versa - «adjustment» of the personality condemned under them have to be put. For this purpose legislative classification condemned is required. As its option it is possible to offer the following distribution of the condemned: uncertain (insufficiently studied), neutral; the corrections which followed a way; the corrections which firmly followed a way; proved the correction; violators of conditions and order of serving of punishment; malicious violators of conditions and order of serving of punishment.

Keywords

Authors

References