Rights and Guarantees of Convicts When Subject to Disciplinary Liability
( Pp. 130-146)

Abstract: The purpose of this study is to identify and provide a scientific substantiation of the key rights and legal guarantees of those sentenced to imprisonment when subject to disciplinary action, as well as to determine areas for their regulatory specification in criminal-executive legislation. Based on an analysis of the current provisions of the Criminal Executive Code of the Russian Federation, bylaws, and judicial practice, it has been established that a number of essential elements of the disciplinary procedure are not supported by independent and comprehensive legal mechanisms for their implementation. It is shown that the declarative nature of obtaining legal assistance, the lack of a defined procedure for reporting an alleged violation, the uncertainty of access to disciplinary proceedings, and the incomplete regulation of the convicted person's participation in the review of materials and the presentation of evidence reduce the effectiveness of the right to defense and complicate subsequent appeals of sanctions. Conclusions. As a result of the conducted research, the author concludes that it is necessary to specify in criminal-executive legislation the rights of those sentenced to imprisonment (and guarantees for their implementation) applicable to the stages of the disciplinary procedure, including the right to be heard, the right to familiarize themselves with materials, the right to present evidence, a specific appeal procedure, and a number of other rights, as well as to establish the requirement of establishing guilt as a condition for the imposition of a sanction.

Sugatov, M.S. (2026). Rights and Guarantees of Convicts When Subject to Disciplinary Liability. Gaps in Russian Legislation, 19(1), 130-146. DOI: 10.33693/2072-3164-2026-19-1-130-146. EDN: DIKJOA

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liability, disciplinary proceedings, persons sentenced to imprisonment, rights, legal guarantees, criminal-executive legislation.