Основания и порядок реализации права осужденного на компенсацию за нарушение условий его содержания в исправительном учреждении

Abstract

The article examines the features of the implementation by convicts of the right to compensation in case of violation of the conditions of their detention in correctional institutions. The subject of the research is national legislation, materials of the Plenum of the Supreme Court of the Russian Federation, scientific works on the topic under study. The purpose of preparing the article is to determine the circumstances that determine the conditions of maintenance in correctional institutions, in case of violation for which the convict has the right to file a claim for compensation. The methodological basis of the research was formed by such research methods as system-structural, analysis and synthesis. As a result of the work on the article, legislative and doctrinal concepts of conditions for serving imprisonment sentences were considered, factors that led to the appearance of Article 121 of the Penal Code of the Russian Federation in the penal legislation and the structure of this norm and the mechanisms of its implementation were analyzed. The grounds for the implementation by convicts of the right to compensation in case of violation of the conditions of their detention in correctional institutions have been studied. It is noted that the material norms defining the conditions of maintenance in penal institutions are contained in international standards for the execution of sentences, the Penal Code of the Russian Federation, and other laws that secure the legal status of Russian citizens. Conclusions are drawn about the importance of securing in the penal legislation the right of convicts to file an administrative claim for compensation in case of maintenance in a penal institution. The novel in the form of such a legal structure will not only serve as an additional guarantee of the legal status of convicts, but will also strengthen the authority of the Russian Federation at the international level. The study makes a certain contribution to the development of the science of criminal executive law, the theory of human rights and contributes to further developments in this area. The practical significance of the results of the work lies in the possibility of their use in the educational process of educational institutions of the FPS of Russia, in the system of advanced training of practitioners. Key words: convict, conditions of maintenance, right to compensation, administrative statement of claim.