Поощрительные институты в нормах действующего уголовно-исполнительного права как неотъемлемая часть воспитательного воздействия на осужденных

Abstract

The article considers the question of the need for incentive institutions in the framework of the criminal-executive law, as effective incentives associated with the formation of convicted law-abiding behavior in order to quickly respond to positive changes in the behavior of convicted persons ready to take the path of correction. The need to distinguish between the notions of “institution of encouragement”, “norm of encouragement” and “incentive measure”, which should not be regarded as identical, is analyzed. The author proposes the definition of the incentive norm in accordance with the analysis of the opinions of legal scholars and the provisions of the criminal executive legislation. The article analyzes the concept of the incentive norm and, as a consequence, the allocation by the author of its structural element — the incentive measure — a narrower concept than the “incentive norm”. The author pays attention not only to encouraging institutions in the criminal-executive law, but also to their complex, multidimensional interaction with the provisions of the branches of various sciences, such as psychology, pedagogy, sociology and a number of others. Special attention is paid to the role of pedagogical, educational activity and its influence on the process of correctional impact on convicts.