Дифференциация и индивидуализация исполнения наказания в виде лишения свободы при изменении вида исправительного учреждения

Abstract

The article deals with the issues of differentiation and individualization of the execution of punishment in the form of imprisonment when changing the type of correctional institution, problems in the legislative framework and practice of applying the procedure and grounds for changing the type of correctional institution, comparing the specified institution of the penal law with incentives and penalties. The main requirements are analyzed, which should underlie the change in the scope of restrictions and deprivations constituting the content of the sentence of imprisonment when changing the type of correctional institution and the place of serving the sentence. It is noted that the perfection of legislative consolidation of the legal mechanisms under consideration has a direct impact on the achievement of the goals of punishment. The system of places of imprisonment in Russia has historically developed in the direction of increasing the differentiation of punishment in relation to various categories of convicts, reducing the proportion of judicial discretion. These trends are reflected in both the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation. The types of correctional institutions are a concrete expression of the compulsory nature of punishment in the form of imprisonment, its content, which in turn is expressed in various kinds of restrictions on the rights and freedoms of the convicted person, which in general constitute the degree of his isolation from society. Therefore, a change in the type of correctional institution must mean a change in the degree and nature of the coercive influence on the person sentenced to imprisonment, the extent of restriction of his rights and freedoms. However the issues of determining the degree of correction of convicts are of particular importance, which requires detailed and precise legislative fixation.