«ПОРЯДОК» И «УСЛОВИЯ» ИСПОЛНЕНИЯ И ОТБЫВАНИЯ НАКАЗАНИЙ КАК КАТЕГОРИИ УГОЛОВНОИСПОЛНИТЕЛЬНОГО ПРАВА

Abstract

In legal science, sometimes it happens that some of its defining, basic categories remain without due attention due to their apparent obviousness, although on closer examination it turns out not so simple. A similar situation exists nowadays, in our view, with such frequently used in the theory of criminal-executive law, in legislation and subordinate normative legal acts as "order" and "conditions" of execution and serving of criminal punishments. Although more than fifty articles of the current Criminal Executive Code of the RF contain references to "order" and "conditions" in various contexts (together or separately), their specific scientific content lacks proper certainty. It should be emphasised that the categories of 'procedure' and 'conditions' used in penal law have different content and meaning, based on the more general categories of 'condition' and 'conduct'. From this point of view, "conditions" are the main external parameters of the state of the subjects of penal relations, legally enshrined in the form of descriptions, prescriptions, restrictions or special rights, such as the right of prisoners to guaranteed food, etc. Conditions of execution are legally enshrined parameters of the state of the subjects of execution of punishments (including requirements for equipment of correctional facilities). The same, addressed to the convicts, act as conditions of serving the sentence. Execution procedure - legally enshrined requirements for the subjects of sentence enforcement, including rules of legal procedure and requirements for compliance with the conditions of sentence enforcement. Order of serving - normatively enshrined rules of conduct of inmates, including their obligation to comply with the conditions of serving the sentence. Violation of the order of serving the sentence includes non-compliance with the conditions of serving the sentence. In this regard, the definition of violation of the "order and conditions" of serving juveniles as a ground for disciplinary liability of convicted persons seems redundant. It is sufficient to indicate the order of serving the sentence, as it is done in the norms of the Penal Enforcement Code of the Russian Federation, regulating the execution of imprisonment. At the same time, the responsibility of the administration of correctional institutions and its representatives is possible both for violation of the conditions of execution of punishment and the order of its execution. In the first case, there may be unlawful "indulgences" to convicts (for example, in terms of keeping prohibited items by them), or (which happens more often) unlawful "toughening" of conditions, as stated in Article 121 of the CEC of the RF. The order of execution of sentences can also be violated without violating its conditions when it concerns the procedure, consistency, reasonableness of certain aspects of the penal enforcement activity.