International fundamental legal principles of non-penal regime

In this article, the author considers basic statements of international legal acts relating to the regulation of order and conditions of serving sentence without isolation from society - non-penal regime. The author analyses its punitive and non-punitive requirements and its changes according to the behavior of a convict. The content of international legal acts suggests that conditions of alternative sanctions can be provided by the law for all convicted persons, it can be established on the basis of the law by the court and it can be provided by the body which enforces them. This distinction of "conditions" allows to separate the punitive and non-punitive content of non-penal regime. Almost all recommendations of international legal documents were reflected in the Russian criminal law in the norms which fix punishment not related to isolation from the society, the general principles and special rules of punishment imposition. However, the content of certain types of punishment not related to isolation from the society is unnecessarily punitive (deprivation of the right to hold certain positions or to be engaged in certain activities for a period of 20 years as additional punishment). In some cases the degree of limits on rights of the convicted caused by the imposition of punishment not related to imprisonment is bigger than it is demanded by the decision imposing this type of punishment (duty of the convicted to correctional work and restriction of freedom to work in the district of their living). Finally, international legal documents, alternatively to Russian legislation, demand collaboration and agreement of the offender to apply public sanctions and measures. Comparing statements of international legal acts to Russian legal norms of criminal law and penal law, the author formulates suggestions to improve the criminal and penal legislation of Russia in terms of establishing requirements of non-penal regime. The author proves the necessity to decrease the maximum term of deprivation of right to occupy certain posts or to be engaged in certain activities, which has been appointed as additional punishment; to ban the imposition of correctional labor for foreigners; to add non-penal requirements of non-penal regime for the convict to compensate for the harm to the victim; to provide for an opportunity to change the duties of the convicted while serving their sentences; to provide for an opportunity of parole while serving mandatory and corrective labor, as well as limitations on freedom imposed as the main sentence.

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