К вопросу об обеспечении прав и законных интересов лиц, отбывающих наказания без изоляции от общества

Abstract

Punishments without isolation from society are taking up more and more space in the structure of punishments. Over the past 10 years, their share has more than doubled. Meanwhile, the problem of ensuring the rights and legitimate interests of those sentenced to such punishments has not received such intensive development. The study of scientific literature indicates that this topic has been actively studied in relation to deprivation of liberty. However, an analysis of the legislation regulating the procedure and conditions for serving sentences without isolation from society allows us to conclude that there are gaps in it that create conditions for violating the rights and legitimate interests of convicts. This cannot but cause a negative impact on the process of execution of punishments, as evidenced by numerous acts of prosecutorial response. One of the gaps in the legislation is the lack of legal regulation of public control over ensuring the rights and legitimate interests of convicts. In contrast to the deprivation of liberty in the sphere of execution of punishments without isolation from society, there is no corresponding competent authority. The article contains specific proposals for improving the rights and legitimate interests of those sentenced to punishment without isolation from society.