Change of the non-penal regime

In this article, the author proves the necessity to change the requirements which constitute the order and conditions of serving the sentence without isolation from the society (non-penal regime) during its serving period. Some of these requirements correspond to the qualitative and quantitative content of punishment without isolation from society and form the punitive content of the non-penal regime. Requirements, which reflect the punitive content of the non-penal regime, are obligatory, and apply to all people convicted to any type of punishment without isolation from society, they are established only by criminal law and they are specified in a court verdict in form of defining its type, punitive measures, and duration. In the Criminal Code of the Russian Federation, the court should have the right to change the punitive content of the non-penal regime not only in time of appointment of a punishment without isolation from society, but during its serving period upon a recommendation of a penal institution. Along with punitive requirements, the non-penal regime contains legal restrictions for convicts and other regulations, which have no characteristics of retribution, they are defined to make convicts "experience" deprivations and right restraints, related to the content of a corresponding punishment. These requirements of the non-penal regime are provided and should be provided by the Penal Code of the Russian Federation for all people convicted to any type of punishment without isolation from society. Alongside punitive requirements of non-penal regime and obligations, which force the convict to accomplish them (obligatory requirements), requirements of the non-penal regime can be determined not to every convicted to any type of punishment without isolation from society but in an appropriate way. It can be used in order to correct the influence of factors, which are able to create conditions for committing a new crime by the convict, or to provide favorable conditions for his/her rehabilitation (optional requirements). These requirements form the non-punitive content of the non-penal regime, because they are not included in the content of any type of punishment without isolation from society. In this article, the author proves that the non-punitive content of the non-penal regime can be changed by the court and (or) by the penal institution in order to prevent the committing of new crimes and to provide favorable conditions for convicts' rehabilitation; to define additional duties and prohibitions for convicts; to abolish previous duties or prohibitions entirely or partly. The author formulates a range of suggestions aimed at perfection of criminal and penal legislation.

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