Правовая природа института бесконвойного передвижения

Abstract

This article examines the actual problem of determining the legal nature of such an institution of criminal executive law as granting convicts the right to move outside the correctional institution without a convoy or escort. The object of the article is the institution of movement of convicts sentenced to imprisonment without an escort or convoy. The subject of the article is the legal nature of the institution of unescorted movement. The purpose of the study is the analysis of the legal nature of the institution of unescorted movement aimed at solving a number of theoretical and practical problems related to granting the right to unescorted travel to those sentenced to imprisonment. The methodological basis of the study was the statistical method, analysis of departmental statistics and basic regulatory legal documents, the formal-logical method, a questionnaire survey of penal system employees and of those sentenced to imprisonment. As a theoretical basis for the study, the author cites the opinions of scientists who have studied the problems of the execution of sentences in the form of imprisonment. In the course of the study, he reasonably comes to the conclusion that it is necessary to change the legal and organizational foundations of the institute in order to more effectively select candidates from among convicts for being provided with the right to travel without an escort. As part of the modernization of the penitentiary system, the importance of changing the goal of this institution is substantiated - from the economic needs of correctional institutions to an element of a progressive system of serving sentences. Key words: movement without escort, right, legitimate interest, progressive system.