The principle of differentiation and individualization of execution of punishments

Abstract

The content and essence of the principles of differentiation and individualization of the execution of punishments in criminal enforcement law are considered within the scope of the article. Emphasis is placed on the exceptional unified perception of this complex basis, taking into account the elements of differentiation and individualization. It is noted that the perception of these elements in a complex will properly reproduce the essence of the principle of differentiation and individualization of the execution of punishments, and, on the contrary, the separate perception of these elements will indicate only a partial reflection of the specificity of the legal relations regulated by this principle. The principle of differentiation and individualization of execution of punishments is derived from the criminal law principle of differentiation and individualization of criminal responsibility. At the same time, in addition to the derivative connection, the principle of differentiation and individualization of the execution of punishments also has an interdisciplinary essence, taking into account the "legal connection" between the branches of criminal and criminal enforcement law. It has been established that such an intersection of the branches of law occurs during the resolution of a number of issues related to deprivation of liberty. Such issues include the regulation of the procedures for applying parole from serving a sentence and replacing the unserved part of the sentence with a milder one. In the regulation of these legal relations, one of the key powers belongs to the principle of differentiation and individualization of execution of punishments. Such a connection of two normative legal acts in the context of reflecting the specified principle is defined as dual convergence. Within the article, it is emphasized that this phenomenon is also characteristic of the simultaneous regulation of a separate category of issues related to the execution of punishments by the norms of both criminal law and normative legal acts of the Ministry of Health. The interdisciplinary essence of the principle of differentiation and individualization of execution of punishments in conditions of triadic convergence is also emphasized. That is, under the conditions of simultaneous application of the branches of criminal, criminal procedural and criminal enforcement law within the framework of the regulation of certain issues related to the execution of punishments. It is noted that the interdisciplinary principle of differentiation and individualization of execution of punishments is also characterized by the collinearity criterion, in the case of its simultaneous use in heterogeneous legal relations in the sphere of criminal and administrative law.