Open AccessA National Preventive Mechanism as a New System of the State and Public Control Facilitating Legality of Operations of Detention Facility Administrations in the Russian Federation
Author(s) -
Dmitriy E. Gulyaev
Publication year - 2020
Publication title -
ûridičeskoe obrazovanie i nauka
Language(s) - English
Resource type - Journals
ISSN - 1813-1190
DOI - 10.18572/1813-1190-2020-12-28-34
Subject(s) - principle of legality , ratification , torture , human rights , political science , law , preventive detention , punishment (psychology) , state (computer science) , convention , politics , psychology , computer science , social psychology , algorithm
The problem of the use of torture and violence by employees of places of detention against persons who are there has been relevant in Russia for more than a decade. The purpose of the work is to substantiate the need to create legal conditions for increasing the level of legality in the activities of administrations of places of detention and the effectiveness of protecting human rights and freedoms in such places. There are few scientific works on this problem in Russia. The research methodology is based on general scientific and special methods of scientific knowledge, including dialectical, logical, systemic, formal legal and statistical. It is concluded that an increase in the level of legality in the activities of administrations of places of detention is possible as a result of the signing and ratification by the Russian Federation of the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which provides for the creation on the basis of the principles enshrined in it a new unified preventive system for monitoring the observance of human rights in places of detention — the National Preventive Mechanism (NPM). The scientific and practical significance of the study lies in proposing a conceptual change in the existing system of state and public control over the observance of law in places of detention in Russia.