Control of penal inspection over observance of regime requirements by the condemned

In this article the author considers the concept, content, subject and formsof control of penal inspections over observance of regime requirements by the condemned without isolation from the society. Theauthor has come to a conclusion that the variety of approaches concerning the essence of control is predetermined by the many-sidednature and multifunctionality of control as a social-legal category. Firstly, control is represented as a process, activity of authorizedbodies or officials, which has not only informative character (revealing on the reasons and the conditions promoting to commissionof crime), but also is pointed at regulation of behaviour of persons under control (these bodies are allocated by power-holding structureson immediate suppression of fulfilment of offences). Secondly, control is urged to create organizational conditions, deterringthe commission of offences and promoting application of educational means. Thirdly, control, providing execution of requirementsshown to the condemned, is a means of enforcement regime of one or another measure of criminal liability. The content of control isrevealed in criminal-enforcement legislation and departmental acts of the Ministry of Justice of the Russian Federation. The subjectof control is important criminological legal acts of behaviour of the condemned without isolation from the society. These acts consistin accomplishing (failure to accomplish) of requirements to the condemned. These requirements differ from the type of punishmentor other criminal sanctions. Control of penal inspections over the behaviour of the condemned to punishment or other criminal sanctionswithout isolation from society is carried out in three forms: examination and checking out of the condemned over registrationof committing of crimes and offences by bodies of the Administration of Internal affairs during the period of being registered; examinationand checking out over registration of the Federal Agency of Penalty enforcement during the initial search actions; checkingout of the condemned in places of residence, work (study) and in public places; carrying out of initial and preventive conversationswith the condemned. All forms of control as represented should have compulsory and periodic character. In the final part of thearticle it is offered to improve criminal enforcement legislation, departmental acts of the Ministry of Justice of the Russian Federationand activity of penal inspections.

Keywords

Authors

References