Меры поощрения и взыскания, применяемые к осужденным, состоящим на учете уголовноисполнительных инспекций

Abstract

The article discusses the results of a study conducted in May 2021 by the Research Institute of the Federal Penitentiary Service of Russia on the application of incentive and penalty measures against individuals sentenced to non-custodial punishments. In order to streamline the measures of disciplinary responsibility in relation to those sentenced to compulsory labor we suggest that the Penal Enforcement Code of the Russian Federation should contain a measure of punishment in the form of a warning, and for positive stimulation of lawabiding conduct – measures of encouragement in the form of gratitude and early removal of a previously imposed penalty in the form of a warning. In relation to those sentenced to restriction of liberty we propose to establish a provision in the law that they are maliciously evading from serving a sentence if they have committed a violation of the order and conditions of serving a sentence within one year after the application of a penalty in the form of an official warning, repeated punishment in the form of an official warning. Only after that, it is advisable to submit to the court a presentation about replacing the unserved term with a punishment in the form of imprisonment. It is proposed to provide for the use of release on parole as the main type of encouragement.