АЛЬТЕРНАТИВНО-ПЕНИТЕНЦИАРНОЕ ПРАВО КАК ФОРМИРУЮЩАЯСЯ ПОДОТРАСЛЬ УГОЛОВНО-ИСПОЛНИТЕЛЬНОГО ПРАВА

Abstract

In the article, the author discusses the possibility of distinguishing within the framework of penal law a relatively separate regulatory subsystem, which is a set of legal norms regulating the execution of criminal penalties against convicted persons that are not related to isolation from society, and separating them into a new self-sufficient sub-branch of penal law. The study aims to understand the processes of differentiation and integration present in penal law, and to assess the prospects for the allocation of a new sub-branch in the matter of penal law - alternative penal law. The objectives of the study are to define the concept of alternative penal law and its place in the system of penal law; to analyze the system-forming factors in penal law; to identify the criteria for distinguishing general, subject-based and functional institutions within the framework of alternative penal law; to formulate proposals for improving the separate normative subsystem “alternative penal law” that affect the structure and content of the Penal Code of the Russian Federation. In the course of the research, general and specific methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. The author presents arguments in favor of the separation of the norms of penal law that regulate the part of the subject of penal law. As a structure-forming factor that unites institutions in alternative penal law, the author notes the form of criminal liability implementation - criminal penalties that are not related to isolation from society. The author analyzes the institutions of the future general and special parts of alternative penal law, which emphasize the existing institutional insufficiency of penal law norms regulating the legal status of convicts serving criminal sentences that are not related to isolation from society. To assess the current state of the regulatory subsystem of alternative penal law and its ability to grow to a higher level, the following criteria are used: its own object and method of legal regulation; special subject-based composition of alternative penal relations; the presence of an autonomous leading goal; its own principles; complex intra-structural differentiation represented by homogeneous and single-order institutions of penal law; legislative isolation of the alternative penal sphere. The author formulates the conclusion that today only the rudiments of alternative penal law have been formed as an integral part of the system of the branch of penal law, a part that only claims the status of an emerging sub-branch.