On the Purpose and the Role of Penal Enforcement Legislation

Abstract

Legislator in Art. 1 part 1 of the Penal Enforcement Code of the Russian Federation sees the correction of convicted persons and preventing their commitment of further crimes, either by convicted criminals or by others, as a desired outcome of legal regulation of the enforcement of criminal penalties. Achieving these goals is the ideal social outcome of the actions of penal enforcement legislation. The similarity of the goals of penal enforcement legislation with the objectives of criminal punishment by the majority of researchers can be explained by the fact that the Criminal Code of the Russian Federation is the basis and material base in relation to the Penal Enforcement Code of the Russian Federation. Scientific disputes concerning the definition of the objectives of penal enforcement legislation are confined either to their adjustment according to Art. 43 Part 2 of the Criminal Code, or the replacement of such goals as the correction to resocialization, social rehabilitation, social adaptation, etc. The author makes a conclusion about inadmissibility of the unification of criminal punishment and the penal enforcement legislation. This leads to the interference with logical form of legislative technique, since different legal nature categories may not have similar objectives. The author provides his own position on definition and goals of penal enforcement legislation. According to the author, the aims of penal enforcement legislation are: 1) effective functioning of the penal system; 2) streamlining the penal enforcement relations.