Criminal-executive characteristics and social-legal conditionality of negative duties of convicts sentenced to deprivation of liberty for a fixed term.

Abstract

The article deals with criminal-executive characteristics and social-legal conditionality of negative duties of convicts sentenced to deprivation of liberty for a fixed term. It is noted that the social-legal significance of duties of convicts sentenced to deprivation of liberty for a fixed term is that they are means of forming the moral and legal consciousness of convicts, strengthening law and order, discipline and organization during serving a punishment. The essence of the legal duties of convicts is to require the necessary conduct from the point of view of the state, government and the law. This behavior of convicts is obligatory, indisputable and ensured by measures of state coercion. Such measures of state coercion include the establishment of the possibility of bringing convicts for failure to comply with their duties to legal liability of various types (disciplinary, material, criminal). The analysis of the legal nature of the legal duties of convicts testified to their two-element content (structure), namely: first, it is the need to take certain actions (positive duties); secondly, the need to refrain from performing statutory actions (negative duties). The article establishes that the activity of the colony staff to control the observance of negative duties by convicts has not only a criminal-executive, but also a criminological aspect and is aimed not only at achieving the purpose of punishment and criminal-executive legislation, but also at preventing convicts from committing offenses (including criminal ones) while serving punishments. The social-legal conditionality of the imposition of legal duties on convicts sentenced to deprivation of liberty is given, the main function of which is a special-preventing (criminological). It is noted that one of the main differences between the duties of convicts and their rights is that failure to comply the first ones has undesirable consequences for a person – the fact of bringing convicts to legal liability, which is differentiated by disciplinary, material, criminal.