Объявление официального предостережения в условиях УИС: проблемные вопросы законодательного регулирования

Abstract

In the presented article, the author examines the current situation in the field of law enforcement in institutions of the penal enforcement system. Attention is drawn to the special need to prevent penitentiary offenses, in connection with which the author focuses on such a form of preventive action as the announcement of an official warning. The article provides an overview of the scientific development of the topic, and concludes that it is insufficiently studied in relation to the needs of the penal enforcement system. The conducted systematic analysis of certain provisions of federal legislation allowed us to identify the following problematic points: despite the significant preventive potential inherent in Article 17.1 of the Penal Enforcement Code of the Russian Federation, which allows including not only convicts, suspects and accused, but also other persons who can visit institutions executing punishments among the objects of preventive work its full-fledged implementation rests on the content of some articles of the Federal Law “On the Basics of the crime Prevention System in the Russian Federation”, the unfortunate wording of which limits the preventive resource of the Penal Enforcement Code, reducing preventive efforts to work with a special agent. The author also identifies and justifies the need to supplement the title of Article 20 of the Federal Law “On the Basics of the crime prevention system in the Russian Federation” with the word “inaction”, since this form of passive behavior is quite common among special agents and acts as a condition for committing various offenses. Taking into account the above, the author proposes amendments to federal legislation that make it possible to optimize preventive work in institutions that carry out punishments.