Author

Grishko A.Ya.

Title of article

Penal law of the future: directions of reforming

Section

Penitentiary system

Issue, year

4 (30) 2014

Abstract

The most urgent problems of the penal legislation application are stated: social and economic support of post-penitentiary adaptation; lack of legal status of the RF subject in the penitentiary legal relations; direct dependence of many rights and legitimate interests of convicts upon judicial and administrative discretion; absence of a mechanism of implementing penal norms and subordinate normative legal acts, monitoring their implementation. The provisions of the RF Penal Code, contradicting the view established in the penal law theory regarding the penitentiary legal relations termination after the release of convict from further punishment, are revealed. The main technical and legal defects of the penal legislation in the inter-branch and interdisciplinary spheres are called (goals and objectives of the penal law are defined, goals and objectives of the punishment execution aren’t; principles of guilt and justice are fixed in the Criminal Code, but aren’t fixed in the Penal Code; incomparability of the guarantees of exercising the right to qualified legal assistance by ordinary citizens and convicts, etc.). The problem of the substitution of legislator by penal agency in regulating convicts’ rights and legitimate interests is stated. The provisions to be implemented in new penal legislation are expressed: 1) punishment in form of imprisonment should be in the very fact of isolation from society, otherwise the convict’s legal status shouldn’t differ from other citizens; 2) the list of prohibitions and restrictions for prisoners should be determined at the legislative level; 3) penal legislation should be exempt from evaluation terms and norms-exceptions, regarding convicts rights’ restrictions.

Keywords

constitution, penal law, post-penitentiary adaptation, rights of convicts.

References

1. Utkin V.A. Pravovye osnovy resotsializatsii osvobozhdennykh iz mest lisheniya svobody [Legal basis of resocialization released from prison]. Aktual’nye problemy ispolneniya ugolovnykh nakazaniy [Actual problems of enforcement of criminal penalties]. Ryazan, 2005. Pp. 46-47.

2. Yuzhanin V.E. Problemy pravovogo regulirovaniya preemstvennosti raboty po podgotovke osuzhdennykh k osvobozhdeniyu i upravleniyu ikh sotsial’noy adaptatsiey k usloviyam svobody [Problems of legal regulation of succession for the preparation of convicts for release and management of their social adaptation to the conditions of detention of liberty]. Mezhdunarodnyy penitentsiarnyy forum «Prestuplenie, nakazanie i ispravlenie» (k 20-letiyu prinyatiya Konstitutsii Rossiyskoy Federatsii) [International forum “Crime, punishment and correction” (to the 20th anniversary of the adoption of the Constitution of the Russian Federation)]. Ryazan, 2013. 308 p.

3. Minimal’nye standartnye pravila obrashcheniya s zaklyuchennymi (prinyaty na Kongresse OON po preduprezhdeniyu prestupnosti i obrashcheniyu s pravonarushitelyami 30 avgusta 1955 g.) [Standard Minimum Rules for the Treatment of Prisoners (adopted at the United Nations Congress on the Prevention of Crime and the Treatment of Offenders, 30 August 1955)]. Mezhdunarodnaya zashchita prav i svobod cheloveka [International Protection of Human Rights and Freedoms]. Moscow, Yuridicheskaya literatura Publ., 1990. Pp. 290-311.