Legal collisions in the field regulation of labour of persons, convict to imprisonment with setting of additional punishment in the type of privation of right to hold certain positions or carry on certain activity

Abstract

The article is sanctified to some questions, that arise up in the process of the legal adjusting of labour of persons, convict to imprisonment with setting of additional punishment in the type of privation of right to hold certain positions or carry on certain activity. Convolute attention on a tendency to reduction of application of this repressive measure in practice of courts. On the basis of the conducted analysis legal collisions were educed, in particular between the binding overs of criminally-executive legislation, positions of the International pact about civil and political rights and norms of penal law, in part of adjusting of labour of convict to imprisonment, and also actual contradiction between voluntarily realization of right to work and duty to work for persons, that leave punishment for the type of imprisonment that is descendant the short stories of criminally-executive legislation. It is accented on an actual association in legal maintenance «publicly useful work of convict to imprisonment» of three various on the nature types of labour, that stipulated the process of evaluation of such labour in the generalized kind without a selection and taking into account of specific of type of such activity.
 Author is offer adjustment of normative positions of Criminal Code, Criminally-Executive Code and department documents, criminally-executive relations sent to adjusting, namely: exception from the criminally-executive legislation of norm about obligatoryness of labour of this category of convict with simultaneous adjustment of mechanism of conditionally-early liberation by means of replacement of abstract formulation of «attitude toward labour» in p. 2 art. 81 Criminal Code by a concrete condition: by «realization of publicly-useful labour and absence of debts on executive documents».
 In addition, by an author convolute attention on the necessity of realization of next adjustment legislation: introduction of legal interpretation of concept «publicly-useful labour» to the binding overs of criminally- executive legislation with leaning of public interest in his rich in content loading; alignment jurisdictions of organ of probation and administration of criminally-executive establishments in part of implementation by them punishments in the type of privation of right to hold certain positions or carry on certain activity, appointed to convict to imprisonment in quality of additional punishment, by making alteration to art. 31 Criminally-Executive Code; expansion of maintenance of Rules of internal order of establishments of implementation of punishments by the gone into detail procedure of conclusion of labour treaty or agreement with convict to privation.