Modification of conditions of enduring the «Detention of the convicted military in a penal battalion» punishment: problems of the standard regulation and solutions to them

Abstract

In the article the author draws attention to the expediency of the Institute of change of the convicted detention conditions existence with its standard misregulation towards the convicted military, who endure the "Detention in a penal battalion" punishment. Changing the conditions of the convicted detention changes the legal status of the convicted, giving them the opportunity to use a number of additional privileges or to limit them. Transferal of the convicted, if appropriate, to other detention conditions serves as a specific mechanism of the punishment implementation fullness regulating, as ensuring of proper execution of duties by the convicted and possibility of their aversive behaviour neutralization. Changing the convicted detention conditions realizes the principle of the punishment execution differentiation and its individualisation in relation to the convicted. To stimulate the emergence of the desire to reform among the convicted to "Detention in a penal battalion" punishment military, changing for better of their readiness to self-directed behavior and adherence, preventing their pursuit of illegal behavior strengthening, ensuring the principle of the punishment execution differentiation and its individualisation realization, standard regulation of the modification of conditions of enduring the "Detention of the convicted military in a penal battalion" punishment by the security sectors implementation has been suggested. Depending on behaviuor of the convicted, their desire to reform or vice versa, the continuation of the anti-social, illegal activity, violation of the punishment enduring rules the security sector with general, light and intense detention conditions as well as moral and material incentives of the positive behavior of the convicted and the conditions of lodgement in every of the sectors have been defined. In a sector with light conditions of detention except the increase of the monthly expenses of the convicted, the frequency of short and extended meetings with relatives, the ability of the convicted to apply for parole from enduring of punishment or replacement of the unserved part of punishment with a more lenient punishment after enduring at least half of the sentence is an additional incentive provided, as well as the possibility of inclusion of the "Detention in a penal battalion" punishment enduring into a general period of service. In case of transferal, in the sector with intense detention conditions corresponding legal restrictions are significantly narrowed. Justifying the point of the convicted detention conditions change as a result of changed or transformed into permanent positive or negative behavior of the convicted, the author suggests to define measures of encouragement and disciplinary penalty such as an inclusion into or exclusion from the list of those, who reform, by changing the conditions of the convicted military detention in a penal battalion and sending them to sectors with light or intense detention conditions.