Open AccessTheoretical analysis of legislative definition of the regime in correctional institutions: problems and ways to solve them
Author(s) -
V. E. Juzhanin,
Д.В. Горбань
Publication year - 2021
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2021-7-1-70-75
Subject(s) - legislator , legislature , russian federation , criminal code , sentence , meaning (existential) , law , penal code , political science , code (set theory) , law and economics , sociology , criminal law , epistemology , computer science , linguistics , legislation , philosophy , set (abstract data type) , regional science , programming language
The article provides a theoretical analysis of Part 1 of Article 82 of the Criminal Code of the Russian Federation, which defines the regime in correctional institutions of the Russian penal system. It is noted that this definition does not correspond to the achievements of modern penitentiary scientific thought about the regime. In particular, it is emphasized that the regime cannot provide conditions for serving a sentence, since it includes these conditions. Also, the regime cannot ensure the protection of convicts, supervision over them and separate maintenance of different categories of convicts, since, on the contrary, the latter are the means of ensuring the regime. According to the authors of the article, the legislator incorrectly uses the phrase regime of detention of convicts, meaning regime of serving a sentence, since they are different legal phenomena. It is noted that the most optimal definition of the regime is presented in the theoretical model of the general part of the new Criminal Code of the Russian Federation, prepared by a group of authors, but the authors also subjected this definition to some adjustments.