Conditions for Serving a Sentence of Deprivation of Liberty, as a Basis for the Implementation of Public Control and Compensatory Court Decision

Abstract

An empirical study of the implementation of the right of convicts to compensation for violation of the conditions of detention in a correctional institution was carried out by analyzing the practice of Russian courts when considering complaints of convicts about the conditions of serving sentences, as well as an analysis of the practice of the European Court of Human Rights. The results obtained made it possible to identify the main types of violations of the conditions for serving a sentence of deprivation of liberty, which are the grounds for satisfying such complaints, the reasons and conditions affecting the occurrence of certain violations of the conditions of serving a sentence. An analysis of the practice of public monitoring commissions to monitor the observance of the rights of convicts serving sentences in correctional institutions has determined that improving the quality of complaints received from convicts makes it possible to find ways to solve problems related, among other things, to the conditions of serving sentences. The conclusions obtained have scientific novelty and practical significance, since they contribute to the improvement of penitentiary legislation and the development of the science of penal enforcement law.