Abstract
The article examines existing approaches and different opinions of scholars-penitentiaries regarding the legal nature of separation of prisoners sentenced to imprisonment. The legal analysis of positions of scholars in the field of criminal executive law, who investigated the essence of separation of prisoners sentenced to imprisonment in various aspects, made it possible to highlight following approaches: 1) principle of institution of execution of punishment in the form of imprisonment; 2) means of ensuring the regime; 3) condition for implementation of principle of differentiation; 4) special classification issue; 5) type of classification; 6) intrageneric institution; 7) criminal-executive means of preventing crimes in correctional institutions. The authors come to the conclusion that separation of convicts is an inter-sectoral institution (in a broad sense), and also belongs to the category of internal penal means (in a narrow sense). Arguing this point of view, the general constant and special features of legal institutions and legal means and their application to the subject of research are considered. The authors identify and substantiate the main tasks of separation of prisoners and its functions, which are an external manifestation of its essence and determine the social and legal purpose, functional connection with other phenomena. As a result of study of the legal nature, the author’s definition of separate maintenance of those sentenced to imprisonment is proposed, its goals are highlighted and argued.
Highlights
IntroductionThe issues of separation of convicts in places of deprivation of liberty have always belonged to the category of theoretical and applied in the science of criminal-executive (corrective-labor) law, affecting the content of criminal law and criminal executive policy of the state
The issues of separation of convicts in places of deprivation of liberty have always belonged to the category of theoretical and applied in the science of criminal-executive law, affecting the content of criminal law and criminal executive policy of the state
The purpose of the study is to determine the legal nature of separation of prisoners sentenced to imprisonment
Summary
The issues of separation of convicts in places of deprivation of liberty have always belonged to the category of theoretical and applied in the science of criminal-executive (corrective-labor) law, affecting the content of criminal law and criminal executive policy of the state. The legal nature of separation of convicts was considered by scientists only in the framework of the study of related legal phenomena. Separate keeping of convicts did not become an independent object of research, possessing distinctive features, purposes, tasks and functions. The purpose of the study is to determine the legal nature of separation of prisoners sentenced to imprisonment.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
