On the question of the circumstances that reduce and increase the social harmfulness of a malicious violation of the regime of serving a sentence and the personality of the convicted person

Abstract

The subject of the study is the circumstances that must be taken into account when bringing to legal responsibility convicts who have committed a malicious violation of the established procedure for serving a sentence of imprisonment. The purpose of the study is to improve the penal enforcement legislation through the normative consolidation in the Penal Code of the Russian Federation of mitigating and aggravating circumstances affecting the determination of the measure of special punishment, which will significantly expand and clarify the institution of disciplinary proceedings of persons sentenced to imprisonment. The methodological basis of the study consists of comparative legal, formal legal and statistical methods. In particular, the results of a survey conducted by 469 employees of the Federal Penitentiary Service of Russia and 273 convicts who are malicious violators of the established order of serving a sentence are presented, on the basis of which a comprehensive assessment of the circumstances affecting the measure of punishment for convicts is given. The authors substantiate the conclusion that it is necessary to take into account the considered factual conditions characterizing the commission of a malicious offense and the very personality of the convicted person. On the basis of the conducted research, the authors substantiate the expediency of normative consolidation in the current Penal Enforcement Code of the Russian Federation of circumstances mitigating and aggravating the measure of punishment by convicts, in order to increase the effectiveness of the norms of penal enforcement law regulating the issues of bringing convicts to penitentiary responsibility in places of deprivation of liberty.