О рациональном применении мер принуждения и средств исправления при исполнении лишения свободы

Abstract

The article reveals the main difficulties arising in the implementation of the principle of rational use of coercive measures and means of correction in the process of execution of a sentence in the form of imprisonment in Russia. With the help of the analysis of the main provisions of the penal enforcement legislation, official statistics, court decisions and the works of penitentiary scientists, the author’s opinion on the issues of improving the norms of the law and optimizing law enforcement practice is formulated. It is proved that the effective implementation of the principle of rational use of coercive measures will be ensured by the legislative imputation of the duty of photo and video recording of the fact of violations committed by convicts to employees of places of deprivation of liberty. The conclusion is made about the redundancy of the legislative definition of «basic» in relation to the characteristics of the means of correction of convicts. Reasoned and justified the expediency of establishing an open list of means of correction of convicts.