О СИСТЕМНОМ СТАТУСЕ ОБЪЕКТА ПРОГРЕССИВНОЙ СИСТЕМЫ ИСПОЛНЕНИЯ И ОТБЫВАНИЯ ЛИШЕНИЯ СВОБОДЫ

Abstract

In the legal literature, the model of a progressive system of execution and serving of imprisonment is increasingly associated with a change in the legal status of a convicted person serving a criminal sentence, depending on the positive or negative behavior of the convicted person towards improvement or deterioration. Such judgments, in the author’s opinion, are not supported by the study of the progressive system from the position of the general definition of the system as a set of elements in mutual relations and connections forming a certain integrity, unity, as well as its understanding in the aspect of system analysis. To create a systematic understanding of the object of a progressive system with its systemic and legal characteristics, it is necessary to study it from the standpoint of system analysis, which is a means of improving and developing the current state of the progressive system as a whole (increasing its effectiveness). In the domestic legal literature, the systemic status of the object of the progressive system is not studied from the indicated positions. To show more clearly the features of the inseparability of system analysis from the object of the system (a person in custody; a person sentenced to imprisonment; For the first time, an attempt was made to create a systemic legal model of the systemic status of an object of a progressive system. In addition, the definition of the concept of the systemic status of an object of a progressive system is constructed, as well as its author’s concept is proposed, the structural elements of the systemic status of an object of a progressive system proposed for discussion are analyzed. The judgments given in the study have not yet found their completeness and are debatable, but their comprehensive study will allow us to take a different look at the reflection of the current concept of a progressive system in the norms of domestic legislation.