On Defects and the Quality of Codification of Legal Facts in the Correctional Law

The article reveals a set of problems associated with the consolidation of legal facts giving rise to correctional legal relations. The aim of the article is to develop quality criteria (rules) for fixing legal facts in the correctional law. Based on the analysis of right-forming and right-terminating legal facts, legal deadlines, facts of the state of the correctional law, special legal terminology, as well as the results of a survey of employees of correctional institutions and inspectorates, the author revealed defects in fixing legal facts in the correctional law. As a result of the study, the following conclusions have been made, which are necessary for the qualitative fixation of legal facts in the correctional law: (1) When fixing legal facts in the correctional law, it is necessary to take into account the fact that the "presence in the legislation of a right-forming legal fact dictates the need to determine a right-terminating fact. A failure to comply with this rule, firstly, can lead to unjustifiably long correctional relations, which gives dynamics to the mechanism of correctional regulation. Secondly, it makes a law enforcer act to terminate legal relations contrary to the requirements of the law. (2) When fixing legal deadlines, special attention should be paid to the fixation of temporal guidelines for a law enforcement agent to start or finish the necessary actions; moments from which legal deadlines take effect; legal deadlines determining the minimum and maximum periods of the obligatory existence of a number of specific correctional legal relations. In addition, when using the preposition "before" followed by a legal deadline, the legislator should supplement the rule with the word "inclusive", specifying that the law-enforcer will have the opportunity to use the corresponding deadline in full. (3) When determining family ties, the legislator should replace the category "close relatives" with "relatives" of the convict, which, given the presence of initially impaired socially useful relations of convicts and their possible degradation during the period of serving the sentence, will create the foundation for the emergence of a wider range of relevant relationships. (4) When fixing the terms "not belonging" to the correctional law, the legislator should refer to their wording contained in the norms of the branch of law to which they relate.

Keywords

Authors

References