Features of the state regulation of the criminal and executive system

Abstract

The article is devoted to the study of the peculiarities of the state regulation of the criminal enforcement system. It was determined that there is inconsistency in the approaches of scientists to the interpretation of the general definition of state regulation and in general the absence of sufficiently developed scientific approaches to the study of issues of state regulation of the criminal-executive system. Scientific literary sources related to the concept of “state regulation”, which is highlighted by scientists through various methods and forms, as well as scientific works devoted to the issues of criminal and executive policy, are reviewed. It has been established that the economic and geographical factors, the state of the economy, the standard of living of the population, form a rather complex system, which significantly affects the process of adopting or changing criminal law. It was determined that the criminal-executive policy implemented by the state through a set of regulatory and legal means is a derivative of the criminal-legal policy; the institution of the legal status of convicts serving a sentence of imprisonment is a set of norms of criminal law, which reveal the specifics of the subject of the application of punishment and the subject of life support in places of deprivation of liberty. On the basis of the research, it was established that the state regulation of the activity of the criminalexecutive system is a component of the criminalexecutive policy of the state, conditioned by the main directions of law-making and law-enforcement activities of authorized state bodies in the sphere of implementation of criminal punishment. The authors come to a conclusion regarding the possibility of separating into a separate sub-branch - penitentiary law, a set of norms regulating the procedure for serving criminal punishments associated with isolation from society.