The principle of humanism of criminal executive law

Abstract

The article considers the content and essence of the principle of humanism in criminal executive law. Emphasis is placed on the exclusive common law origin of this principle within the framework of sectoral law. The natural origin of the principle of humanism is reflected in the positive component of state participation in the implementation of this principle. It is emphasized that the principle of humanism is inextricably linked with other general principles and is crucial in areas of law that are directly related to the restrictions on the natural rights and interests of individuals - this is certainly the field of criminal law. Within the framework of criminal executive law, the principle of humanism primarily concerns the observance of the rights and freedoms of persons serving criminal sentences in the penitentiary system. It should also be noted that the essence of the criminal offenses committed by these persons, namely their public danger, extends the content of the principle of humanism to the observance and consideration of the interests of society. The article additionally emphasizes that during the serving of a criminal sentence, the convict must take measures to compensate for the damage caused to the victim as a result of the commission of a criminal offense. Given this aspect, the implementation of the principle of humanism must also take into account the interests of victims. In addition, the practical realities of serving criminal sentences in the form of imprisonment show that the convict must also take measures to enforce court decisions in other cases, given the available writs of execution located at the place of serving the sentence. Thus, the principle of humanism, which is implemented within the framework of criminal executive law, reflects the observance of the interests of a wide range of people. Given the above-mentioned multi-subject model of perception of the content of the principle of humanism within the framework of criminal executive law, it is expedient in a broad sense to adopt a set of measures of influence that can be applied to convicts. These measures should not be limited to measures of criminal law, but also take into account coercive measures related to the performance of other obligations by convicts at the discretion of the competent authorities.