Special Legal Regimes in Penitentiary Institutions of Foreign States: Some Legal Consequences

The article discusses to the problem of peculiarities of the legal status of convicts when a special legal regime is introduced on the territory of penitentiary institutions. The execution of criminal penalties is often complicated by natural and man-made emergencies, as evidenced by the current sanitary and epidemiological situation in the world. The change in the status of convicts in the states under review is characterized by a set of legal restrictions, suspension of the legal interests of convicts, and imposition of additional legal obligations on them. The practice of extending exceptional measures abroad is quite extensive and is considered not as contrary to international standards, but, perversely, as an effective and justified means of responding to threats that destabilize public relations. However, the legislation of some states contains provisions allowing for exemption from serving a sentence due to an emergency situation. The research uses the methodology of legal comparative studies. The comparison has revealed that the special legal regime is typical and has the same functional purpose - the restoration of law and order and the normal functioning of penitentiary institutions. The special legal regime is regulated by legal acts that differ in legal force, and is an effective means of combating penitentiary crime. In the introduction of a special legal regime, taking into account international agreements on the application of a state of emergency or martial law in institutions of the penal system of the Russian Federation, the domestic legal norms are consistent with most of the provisions of these agreements. The exception to compliance with international recommendations in Russian legal reality is the absence of a requirement for public announcement of the regime. Elements of transformation of the legal status of convicts in the event of an emergency, state of emergency or martial law should be implemented in Russian legislation. The need to impose additional legal obligations related to the elimination of the consequences of an emergency is only partially reflected in the legislation. These obligations are difficult to apply to convicts due to the defect of the subject composition. The possibilities of borrowing relevant foreign experience, evacuating prisoners, suspending the right to submit and consider applications for parole (and other) require differentiation of the intensity of legal restrictions depending on the grounds for their introduction.

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