Mechanism for Compensation for Violations of Conditions of Detention in Penal Institutions: A Comprehensive Analysis and Ways to Modernize
( Pp. 103-110)
More about authors
Lyubov M. Sechkova
adjunct
Academy of Law Management of the Federal Penal Service of Russia
Ryazan, Russian Federation
Academy of Law Management of the Federal Penal Service of Russia
Ryazan, Russian Federation
Abstract:
Abstract: The purpose of the research. The article examines the problems of legal regulation of the institute of compensation for inadequate conditions of detention of suspects, accused and convicted persons in the penitentiary system of the Russian Federation. The current legislation (the Criminal Executive Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation, the Federal Law “On Detention”), judicial practice, as well as the results of the author’s survey of FSIN staff, prosecutors, experts and persons held in penitentiary institutions are analyzed. The aim of the study is to identify systemic shortcomings of the legal mechanism of compensation and to develop scientifically based proposals for its improvement in the following areas: legal regulation, procedural aspects, financial support, control and monitoring, interdepartmental interaction. Findings. As a result of the conducted research, the author concludes that the current compensation institute is characterized by heterogeneity of judicial practice, the absence of uniform criteria for assessing inadequate conditions of detention, and inequality of the procedural status of different categories of citizens. To eliminate these shortcomings, it is proposed: to introduce into legislation the requirement to prove the absence of fault of a public authority; to ensure strict observance of the three-month time limit for filing a claim; to establish an alternative form of compensation in the form of sentence reduction (one day for every ten days spent in inadequate conditions); to create the institute of penitentiary judges; to develop a compensation calculation methodology using correction factors; to form a unified information database of violations within the framework of the interdepartmental electronic interaction system (SMEV). The author concludes that the implementation of the proposed measures will make it possible to form an integral, predictable and humanistically oriented compensation mechanism that complies with constitutional principles and international standards.
How to Cite:
Sechkova, L.M. (2026). Mechanism for Compensation for Violations of Conditions of Detention in Penal Institutions: A Comprehensive Analysis and Ways to Modernize. Gaps in Russian Legislation, 19(3), 103-110. DOI: 10.33693/2072-3164-2026-19-3-103-110. EDN: DLEUEG
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Zinkov E.N., Melnikova M.V. Public monitoring commissions for observance of the rights of persons in places of compulsory detention in the structure of civil society in modern Russia and problems of improving their efficiency: A monograph. Samara: Samara Law Institute of the Federal Penitentiary Service of Russia. 2020. 95 p. ISBN: 978-5-91612-298-5.
Melnikova N.A., Samodurova A.V. On the question of the expediency of Art. 227.1 of the Code of Administrative Procedure of the Russian Federation in modern conditions. Education and Law, 2023. 12, Pp. 273–277. DOI: 10.24412/2076-1503-2023-12-273-277. (in Rus.).
Tkachenko E.M. Prerequisites for the formation and development of penitentiary courts in Russia. Current Research, 2024. 16(198), Part II, 33–37. URL: https://www.elibrary.ru/nqzxxh. EDN: NQZXXH. (in Rus.).
Erdelevsky A.M. Moral harm and compensation for suffering: A scientific and practical manual. Moscow: Bek. 1997. 173 p. ISBN: 5-85639-200-0. (in Rus.).
Erdelevskiy A.M. Moral nyy vred i kompensatsiya za stradaniya: nauch.-prakt. posobie. Moskva: Bek, 1997. 173 s. ISBN: 5-85639-200-0.
Keywords:
compensation for inadequate detention conditions, penitentiary system, penitentiary judge, sentence reduction, judicial protection, unified information database, criteria for assessing violations.
