Реализация принципа дифференциации исполнения наказания в нормах уголовно-исполнительного законодательства Российской Федерации

Abstract

In this article, the authors analyze the implementation of the intersectoral principle of differentiation of punishment in the norms of the criminal Executive legislation of the Russian Federation.
 The article analyzes the proposals and conclusions of scientists-penitentiaries on the application and implementation of intersectoral principle, however, the practice of implementing the principles in General, and the principle of differentiation of punishment in particular, remain today a key issue in the law enforcement activities of institutions and bodies of execution of punishment.
 Serious disagreements arise within the norms of the Criminal Executive Code of the Russian Federation on the implementation of the principle of differentiating the execution of sentences for men sentenced to imprisonment, recognized as a particularly dangerous recidivism and serving their sentences in a special penal colony when transferring them from one condition to another. The same shortcomings can be seen in relation to women sentenced to imprisonment in penal colonies of the general regime, that is, the norms of the Criminal Executive Code of the Russian Federation do not correspond to intersectoral principles, contradict the achievement of the goals of criminal punishment.