ON WAYS OF IMPROVING THE MECHANISM FOR EARLY RELEASE OF CONVICTS SERVING LIFE IMPRISONMENT
( Pp. 289-291)
More about authors
Ovchinnikov Sergey N.
kandidat sociologicheskih nauk, veduschiy nauchnyy sotrudnik NIC-1
Research Institute of the FPS of Russia
Research Institute of the FPS of Russia
Abstract:
Objectives: there is a situation in modern law enforcement practice that testifies to a certain crisis of the institutions of release from serving the remaining part of punishment by convicts sentenced to life imprisonment. Crisis phenomena are to some extent related to the contradictions arising between the interests of the state, society and the individual in ensuring security on the hand and the implementation by convicts of their right to mitigate punishment on the other hand. In this regard, it seems urgent to find ways to improve the mechanism for early release of convicts serving life imprisonment. Model: the methodological basis is the theory of legal positivism, which makes it possible to analyze the norms of substantive law as well as law enforcement practice. The object of the study is the social relations that arise with regard to the release of convicts serving life imprisonment. The subject of the study is the mechanism for early release from serving life imprisonment. Conclusions: legal analysis indicates the existence of a sufficient list of criteria for assessing the personality of convicts serving sentences in the form of life imprisonment. Along with this, the improvement of the mechanism for early release from serving life imprisonment is seen in a more complete application of elements of the progressive system of execution of punishments. The application of the institution of commuting the unserved part of the sentence to a more lenient form of punishment seems to be more effective than parole.
How to Cite:
Ovchinnikov S.N., (2018), ON WAYS OF IMPROVING THE MECHANISM FOR EARLY RELEASE OF CONVICTS SERVING LIFE IMPRISONMENT. Gaps in Russian Legislation, 4 => 289-291.
Reference list:
Rybakov A.A. Ponyatie sub ekta kontrolya za uslovno-dosrochno osvobozhdennymi // Probely v rossiyskom zakonodatel stve. 2014. № 4. S. 111 - 113.
Sokolova O.V. Doktrinal nye aspekty penitentsiarnoy politiki: teoretiko-pravovoe obosnovanie // Probely v rossiyskom zakonodatel stve. 2014. № 2. S. 196 - 198.
Tkachevskiy YU.M. Rossiyskaya progressivnaya sistema ispolneniya ugolovnykh nakazaniy. Gorodets, 2007. - 240 s.
Sokolova O.V. Doktrinal nye aspekty penitentsiarnoy politiki: teoretiko-pravovoe obosnovanie // Probely v rossiyskom zakonodatel stve. 2014. № 2. S. 196 - 198.
Tkachevskiy YU.M. Rossiyskaya progressivnaya sistema ispolneniya ugolovnykh nakazaniy. Gorodets, 2007. - 240 s.
Keywords:
life imprisonment, exemption from serving penalties, the execution of sentences.