Rationality of Coercion as a Principle to Regulate Execution of Prison Sentences
Introduction: the article discusses the regulatory framework and practice of implementing a principle of rational use of coercive measures enshrined in Article 8 of the Penal Enforcement Code of the Russian Federation. Ambiguity of its understanding is noted in the theory of penal enforcement law. Research: using a systematic approach as a methodological basis, the author substantiates that this principle is not reduced to the economy of coercion, but assumes its necessity and sufficiency in specific conditions of penal enforcement activity. Singling out penalties from the entire system of coercive measures, the author simultaneously identifies subsystems of disciplinary (penal enforcement) and criminal liability of convicts in places of deprivation of liberty. They, in turn, can be studied as model systems enshrined in the law, and systems of measures implemented in practice. Using the published data of departmental statistics of the Federal Penitentiary Service as arguments, the author shows that both systems in the enforcement of imprisonment do not fully achieve their goals, and therefore the principle of rationality of coercion is not implemented effectively enough. Conclusions: it is proposed to change the name and content of Article 321 of the Criminal Code of the Russian Federation to “Systematic malicious violations of the established procedure for serving a sentence” and amend its content. At the same time, a list of malicious violations of the order of serving a sentence established in Part 1 and Part 2 of Article 116 of the Penal Enforcement Code of the Russian Federation should be revised; an intermediate category of major violations should be introduced and a repeated mere violation should be excluded from their number of malicious ones. In addition, a head of the institution should be entitled not to recognize a violation as malicious when a convicted person commits an act provided for in Part 1 of Article 116 of the Penal Enforcement Code, depending on circumstances of the case and identity of the culprit.
21 view
1312
396
2 weeks ago 00:02:46 1
‘Real Time’ Crowd Roars for Bill Maher’s Relentless Truth Bombs
5 months ago 00:01:13 7
My journey to you - attracted by Gong Shangjue‘s sharp eyes
8 months ago 00:04:58 0
Are the illuminati real? - Chip Berlet
8 months ago 01:02:48 4
Главная проблема ИИ, которую никто не может решить
8 months ago 01:03:34 0
Terrifying Moments in the Wild Caught on Film!
8 months ago 00:04:38 10
CHENA - PRISONER OF CONFORMITY (Official Music Video)
8 months ago 00:11:56 0
Meeting France’s UFO detectives • FRANCE 24 English
8 months ago 01:29:10 0
DON’T GO TO THE DAIRY FARM WITHOUT WATCH THIS
8 months ago 00:44:06 0
BRICS forms its Banknote. Putin ready to impose peace/compromise. Musk buys his army in Russia.
8 months ago 00:03:33 0
Royal Navy nuke submarine crew forced to RATION food due to shortages on deterrent patrol
8 months ago 00:01:52 1
Борьба за изменение рациона питания у собак с заболеваниями почек / The Struggle of Transitioning Diets in Dogs with Kidney Disease
9 months ago 01:00:59 0
New Disturbing Trail Cam Footage Grabs Global Spotlight #disturbingfootage #scaryfootage
9 months ago 00:14:29 6
Pederasty - We Have Your Children FULL DEMO 1997
9 months ago 00:14:22 0
Pederasty - We Have Your Children - (1999) - [Full Demo]
9 months ago 00:24:14 1
Dmitry Bivol vs Beterbiev ALL PUNCH LANDED & SLOWMOTION Every Punch Latest Boxing Highlights full HD
9 months ago 00:24:27 0
Dmitry Bivol vs Artur Beterbiev SLOWMOTION & All PUNCH LANDED Latest Boxing Highlights Full Fight HD
9 months ago 01:13:45 0
Without This Trail Cam Evidence, You’d Swear It Wasn’t Real #scaryfootage #ghostlyencounters
9 months ago 01:14:49 0
What This Trail Cam Captured Shocked All The Scientists #eerieencounters #scaryfootage
9 months ago 00:06:33 0
epic conway’s game of life
9 months ago 00:03:37 0
The Leopards - Down That Line
9 months ago 00:02:57 0
Doctor Thirteen The Skeptical Sorcerer of DC Comics
9 months ago 00:01:27 0
Inside Yahya Sinwar’s bunker beneath Gaza: UN food rations, millions in cash, and his own shower
9 months ago 00:00:43 0
Her tears broke my surprised this girl with bunch of new clothes and monthly food ration.
9 months ago 00:17:28 0
Chat GPT, The FUTURE Of AI And Is It The End Of Human Civilization? | Tom Bilyeu