Implementation of Pre-Trial Forms of Criminal Procedural Activity at the Introduction of the Mode of Special Conditions in Correctional Facilities: Stating Specific Problems

In the article, the author identifies and considers various organizational and legal problems of implementation of pre-trial forms of criminal procedural activity under the introduction of special conditions in correctional facilities. He studies the mode of special conditions in correctional facilities, as well as the peculiarities of the operational and custodial (and other) activities of its administration in the context of criminal procedure. The focus of the study is on a set of problems characteristic of pre-trial forms of criminal procedural activity. In the study, the general scientific methods of analysis, synthesis, a system-structural method and the specific scientific methods of modeling, statistical analysis, expert assessment, a comparative historical method were used. The study is based on empirical data obtained during the research of inmates in Russian correctional facilities. As a result of the study, the author comes to a number of conclusions. There are several problems in exercising pre-trial forms of criminal procedural activity at the introduction of the mode of special conditions in correctional facilities that are to be studied and solved: the absence of staff posts of interrogators in the penal system and the complexity of differentiating criminal procedural activities from operational and custodial ones in correctional facilities; difficulties in carrying out criminal procedural activities under the mode of special conditions in view of additional factors that generally impede the normal functioning of correctional facilities; insufficient consolidation of the features of criminal procedural activities of correctional facilities, including under the mode of special conditions; lack of a clear approach to the features of the organization of pre-trial forms of criminal procedural activities when introducing the special conditions mode in correctional facilities. It is finally concluded that a further study of these issues and a formulation of proposals to improve the effectiveness of the implementation of pre-trial forms of criminal procedural activities at the introduction of special conditions in correctional facilities, including the adjustment of the current laws, is relevant.

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