Criminal Execution Research Articles

The Necessity of Istanbul Protocol Training: A Survey Study for the Students of Criminal Execution and Security Services Program

The Necessity of Istanbul Protocol Training: A Survey Study for the Students of Criminal Execution and Security Services Program

Justice as a requirement for the effectiveness of law-enforcement acts

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

Peculiarities and debatable aspects of the grounds for applying incentive measures to juvenile prisoners

Incentive measures may be applied to juvenile convicts for conscientious behavior and attitude to work and education, active participation in the work of amateur organizations and educational activities (paragraph 1, part 1, article 144 of the Criminal Executive Code of Ukraine). However, the legislator does not define the content of most of the grounds for the application of incentive measures established by him, therefore the article clarifies the essence and peculiarities of each of them. The author analyzed the difference between such reasons and the reasons for applying incentive measures to adult convicts, defined in paragraph 1, part 1, article 130 CECU. The article establishes the meaning of the evaluative nature of the grounds for applying incentive measures. The author revealed the meaning of the terms "conscientious" and "active". The author considered the interpretation of the essence of the analyzed grounds in the Methodological recommendations of the State Department of Ukraine for Execution of Punishments regarding the organization of work related to the application of parole to persons deprived of their liberty by 2005, in the Methodological recommendations of the SDUEP for drawing up a characteristic of convicts by 2008 and in the Methodological recommendations for assessing the degree of correction of convicts by 1979. The article reveals various views of scientists regarding the understanding of the content and scope of the researched grounds for the use of incentive measures. Therefore, the author clarified the criteria for determining the presence of signs of conscientiousness in the convict's behavior and characterized the essence of the conscientious behavior of the convict, his conscientious attitude to work and education; and features of active participation of convicts both in the work of amateur organizations and in educational activities were revealed. The article states the need to more clearly formalize the content and scope of the grounds for applying incentive measures to juvenile convicts at the legislative level. The author proposed to legally distinguish 5 types of the following grounds: 1) conscientious behavior; 2) conscientious attitude to work; 3) conscientious attitude to education; 4) active participation in the work of amateur organizations; 5) active participation in educational activities.

The Right To Respect For Private And Family Life For Individuals Sentenced To Life Imprisonment Aligns With The European Court Of Human Rights Practice Concerning Ukraine: Conditions Of Legal Limitation And Classification Of Violations

The Right To Respect For Private And Family Life For Individuals Sentenced To Life Imprisonment Aligns With The European Court Of Human Rights Practice Concerning Ukraine: Conditions Of Legal Limitation And Classification Of Violations

MONITORING OF LEGISLATION ON INTENTIONAL SELF-HARM (SELF-MUTILATION)

The authors examined the criminal law institution of intentional self-harm (self-mutilation). The Constitution of the Republic of Kazakhstan extends to the area related to the legal status of the individual, and applies in full to citizens of the state deprived of liberty and placed in penitentiary institutions. They are limited to a certain extent of rights and freedoms, but these restrictions should not contradict the Constitution of the Republic of Kazakhstan. The study examined foreign experience of the institution of deliberately causing any damage to oneself (self-mutilation), as well as international legal acts recognized by the Republic of Kazakhstan and other states of the modern world. Is an act of self-harm committed by a convicted person one of the ways to protect his rights to freedom of speech and expression, a form of protest against the illegal actions of the administration of the institution, or a criminal offense? Criminal liability with the participation of a group of persons in this act is also considered. A legal analysis of Article 428 of the Criminal Code of the Republic of Kazakhstan and Article 130 of the Criminal Executive Code of the Republic of Kazakhstan was carried out, which indicate certain shortcomings in the presentation that create conditions for ambiguous understanding and application. It is possible to bring to criminal liability for participation in group disobedience, involving the deliberate infliction of any harm on oneself, if the purpose of self-harm is ignoring the legal requirements of the administration of the institution and violating the established procedure for serving a sentence. All these issues were considered by the authors in this article.

Legalidade “versus” jurisdicionalidade na execução penal? Ônus financeiro da monitoração eletrônica em decisões do TRF-4

Criminal execution is a state activity based on the principles of certain, strict and exhaustive legality and jurisdictionality, which is why the rights and duties of prisoners must always comply with legal provisions. Despite this, the Brazilian Regional Federal Court of the 4th Region (TRF-4) has been imposed on the monitored person the burden of bearing the expenses arising from electronic monitoring, a burden that is not supported by Brazilian legislation that deals with the subject. For this reason, it is necessary to question, as a research problem: are these TRF-4 decisions legally correct? In view of this, this article aims to critically analyze the decisions of the TRF-4 in this sense and the main arguments used, in order to verify whether they are legally correct or mistaken, due to the lack of a explicit legal provision in this regard, which, in fact, came to be recognized on several occasions by the Brazilian Superior Tribunal of Justice (STJ). The choice of TRF-4 is justified by the significant number of Court decisions in this regard, as well as by the fact that the other Federal Regional Courts do not have sentences with this content and intention. The theoretical framework uses productions related to criminal execution and its principles of legality and jurisdiction. The research concludes that the aforementioned decisional action of the TRF-4 is out of step with the principles of legality and jurisdictionality in criminal execution.

Requirements for the development of media civil responsibility in Afghan law

In the contemporary era, people's lives have been accompanied by the increasing use of the media and its role in different layers of their lives. Few people can be found who do not deal with one type of media. The expansion of media activities may harm the rights of other people. In this case, the cause of the loss is considered responsible. In line with the protection of human rights, media-based criminal liability can be justified. On the other hand, the guarantee of criminal executions may cause serious damage to the freedom of expression and the freedom of the media. Therefore, the question is whether civil liability can be considered as an alternative to criminal liability in the field of media? The answer to this question seems important because Afghanistan's legal approach in this field is mostly criminal. Adopting a civil approach will be a valuable opening for media activists. The current research, which was carried out with a descriptive-analytical method. The findings of the research show that due to reasons such as the need to support freedom of expression, free flow of information, protection of the rights of parties to media disputes, the ability to replace financial compensation, the possibility Compensation by insurance and synchronizing with the practice of international organizations and other civilized countries, proper criminal policy is synchronizing with the new structure that has been adopted these days in the international arena and Islamic countries in the field of media. A structure that reduces criminal responsibility and emphasizes civil responsibility in solving media cases

О роли конституционных норм в формировании и развитии уголовно-исполнительного права

The article considers various aspects of the influence of the norms of the Russian Constitution on the formation and development of penal enforcement law. The author does not support the position that the Constitution is a direct source of law of this branch. At the same time, there are a number of manifestations of the determining role of the Constitution for penal legislation, in addition to the traditionally mentioned in the literature influence of Chapter 2 of the Constitution on the legal status of convicts. This refers to the very name of the criminal-executive law, to the definition of the range of sources of legislation, to the establishment of its correlation with universally recognised international acts. The author considers the prohibition of ‘violence’ contained in the Constitution and the Criminal Executive Code, which equates all violence with torture, as unrealistic and very controversial from the standpoint of international standards. A systemic interpretation of the norms of the Constitution and universally recognised international acts does not allow to regard the compulsory labour contained in the Code for the majority of prisoners sentenced to imprisonment as a violation of the constitutional prohibition of forced labour. This should be reflected in the norms of the General Part of the Penal Enforcement Code of the Russian Federation. Taking into account the amendments to the Constitution of Russia adopted in 2020, it is advisable to adapt to modern conditions the previously successful experience of involving representatives of civil society in the implementation of penal enforcement policy. The content of Article 9 of the Code on the concept of correction of convicted persons should also be clarified in the direction of greater compliance of its content with the traditional values of Russian society. In our opinion, it makes sense to specify it: "Correction of convicts is the formation of their readiness and ability to consciously comply with the requirements of the criminal law in the spirit of respect for man, society, the state and the basic traditional moral values of Russian society". The latter are formulated in Article 5 of the Decree of the President of the Russian Federation dated 9 November 2022. No. 809 "On Approval of the Principles of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values": life, dignity, human rights and freedoms, patriotism, citizenship, service to the Fatherland and responsibility for its fate, high moral ideals, strong family, creative labour, priority of spiritual over material, humanism, mercy, justice, collectivism, mutual assistance and mutual respect, historical memory and continuity of generations, unity of the peoples of Russia.

The «right to hope» of a person sentenced to life imprisonment VS the right to the safety of society and the victim

Long terms of imprisonment, including life imprisonment, without a legal procedure for reducing the term of such punishment are not humane and contradict fundamental human rights as understood by the European Court of Human Rights. It was found that the practice of replacing life imprisonment with imprisonment under the amnesty procedure in Ukraine did not correspond to the positions of the European Court of Human Rights, in particular, because there was no clear legal mechanism for reviewing the decision on the imposition of life imprisonment after a certain period of time.
 According to the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Implementation of Decisions of the European Court of Human Rights» dated October 18, 2022 No. 2689-IX, amendments were made to Article 154 of the Criminal Enforcement Code of Ukraine. Pursuant to these changes, in accordance with Articles 81 and 82 of the Criminal Code of Ukraine, conditional early release from serving a sentence, replacement of a sentence of life imprisonment with a sentence of imprisonment for a certain period of time, or replacement of the unserved part of the sentence with a lighter one may be applied. After replacing life imprisonment with term imprisonment, the question of conditional early release from serving the sentence can be raised.
 It was established that the two-stage mechanism for revising life imprisonment of the Verkhovna Rada of Ukraine corresponds to the practice of the European Court of Human Rights and constitutional provisions, because it ensures a person’s «right to hope» after a certain period of time.
 At the same time, there remains the question of the actual involvement of the victim in this process, the provision of a real opportunity to influence and participate in the process of revising life imprisonment and compensation for damages, as well as ensuring the safety of the society. In addition, it is necessary to ensure the real reintegration of such a person into society.
 The proposals should also be accompanied by changes to the Criminal Procedure Code, as well as the Criminal Executive Code of Ukraine.

Legislative perspectives of ensuring public control over the observance of the rights of convicts in Ukraine

The study conducted an analysis of the concept of public control over the observance of the rights of convicted persons in the field of enforcement of sentences and parole. On the basis of the use of general methods and reflective points of view, the definition of public control over the observance of the rights of convicted persons was formulated. In addition, the use of separate special scientific methods provides arguments for the expediency of making changes in the Criminal Executive Code of Ukraine, by enshrining in it a separate chapter that would regulate legal relations in the sphere of public control and on the sphere of observance of the rights and interests of convicted persons in places of punishment; as well as a separate article that would define the content, forms and types of public control over the functioning of bodies and institutions of execution of punishment and probation. It was concluded on the necessity of observance of the rights and legitimate interests of a person in the sphere of execution of punishment and probation, since, by their nature, they do not belong to public associations.

The concept and features of staffing of the State Criminal Executive Service and probation bodies in Ukraine

The sphere of criminal penalties in our country has been undergoing reform for many years, and even today, in the context of Ukraine's opposition to the open full-scale military invasion of the russian federation, the work on transforming and improving the national penitentiary system has not stopped. The Ukrainian government, in cooperation with the international community, academics and civil society, has already taken a number of important steps to humanise the system. At the same time, some rather important problematic issues on this path have not yet received proper scientific and theoretical study or legislative regulation, in particular, the problem of staffing the State Criminal Executive Service of Ukraine and authorised probation bodies. The current Strategy for Reforming the Penitentiary System of Ukraine describes the problems of staffing in a rather superficial and fragmentary way, in fact, everything is reduced to its purpose and most important tasks. Obviously, this approach does not contribute to the improvement of the principles and mechanisms of this provision, nor to the efficiency and quality of the reform of the penitentiary system as a whole.
 In order to intensify research work in this area, the existing approaches to the definition of the concept of staffing have been considered, its main features and structural elements (components) have been identified, and the content of the most essential properties has been characterised. Attention has been paid to the connection and correlation between staffing and personnel policy, and the definition of the concept of staffing of the State Criminal Executive Service of Ukraine and authorized probation bodies has been formulated. Emphasis has been placed on the expediency of legislative consolidation of the definition of the concept of staffing of bodies and services of the penitentiary system of Ukraine, and on the fact that staffing has a complex internal structure and managerial nature. In this regard, attention has been paid to the role of administrative and legal regulation in organising and streamlining the relations and processes of staffing in the system of the State Criminal Executive Service of Ukraine and authorised probation bodies.

Theory and practice of influence caused by the criminal subculture on crime in the penitentiary sphere

The object of study was the study of the theory and practice of the influence caused by the criminal subculture on criminality in the penitentiary environment. In the main content of the research, two directions are highlighted: first, the influence of criminal subculture among convicts in places of detention of the State Criminal Executive Service of Ukraine and; the second direction of influence, this caused by criminal subculture among convicts who are registered with parole of the State Institution «Parole Center». The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. Among the contributions of the research, the definition of the influence that the criminal subculture exerts on delinquency in the penitentiary environment is formulated. It concludes on the need for the mandatory application of measures for the individual prevention of professional delinquency, in terms of judicial and public policies.

REFLEXÕES SOBRE A APLICAÇÃO DE INSTITUTOS CONSENSUAIS NA EXECUÇÃO DA PENA DE MULTA

The study aims to analyze the legal nature of the fine penalty. Specifically, it intends to examine the controversy over the possibility of setting minimum limits for its execution. It proposes a review of the rigid character of the execution of the fine penalty from the perspective of consensual Criminal Procedural Law. To this end, it used a dialectical methodology, discussing the mitigation of the principle of mandatory criminal action, without losing sight of the criminal nature of the fine penalty. It concludes that the application of institutes that relativize the rigidity of criminal instruments in the pre-procedural phase (such as criminal transaction, conditional suspension of the process and agreement of non-criminal prosecution) opens space for reflection on the feasibility of, in the phase of criminal execution, admitting the setting of minimum limits for the enforceability of the fine penalty.

The concept and current state of legal regulation on staffing of the State Criminal Executive Service of Ukraine

Ukraine has been reforming the penitentiary system for several years in order to humanise and bring it in line with European standards, and even today, in the face of a full-scale Russian military invasion, the processes of transformation and improvement of this system in our country have not stopped, as evidenced by the emergence of an updated strategic course for further changes and development of the national penitentiary system. Over the past few years, important positive results have already been achieved on this path, but a number of problems remain unresolved, slowing down the reform process and the achievement of its goals.
 It has been noted that a proper transformation of the penitentiary system of Ukraine is impossible without improving the mechanism of the staffing of the State Criminal Executive Service of Ukraine, the effectiveness of which, in turn, depends on the state of legal regulation of the social relations which are part of the above-mentioned staffing process. Scientific approaches to the definition of the concept of legal regulation, understanding of its essence, characteristic features and role in the organisation of public life have been considered. The author’s own definition of legal regulation of staffing of the State Criminal Executive Service of Ukraine has been formulated. It has been emphasised that the central place in the regulation of relations concerning this staffing is assigned to administrative law, since these relations are mainly of a managerial nature.
 The state of legislative regulation on staffing of the State Criminal Executive Service of Ukraine has been analysed and its problematic aspects have been highlighted. It has been noted that there are no clearly defined conceptual foundations for the organisation and implementation of staffing of the State Criminal Executive Service of Ukraine at the legislative level. Attention has been drawn to the scattering of norms on the issues of the said staffing in legal acts of various levels. And the author presents his own vision of possible steps to improve the regulatory and legal framework for staffing the State Criminal Executive Service of Ukraine.

The aggression of the Russian Federation against Ukraine: topical issues of establishing a special international tribunal and the developing an effective mechanism of compensation for crimes against peace and security of manking

The article examines the doctrinal foundations and legal grounds for the establishment of a Special International Tribunal for the prosecution of senior officials of the Russian Federation responsible for committing international crimes on the territory of Ukraine.It has established that the interaction of international and national criminal jurisdictions is one of the most complex and topical issues of modern legal science. With this in mind, the author analyzes the peculiarities and trends of Ukraine’s cooperation with the International Criminal Court, which is generally considered to be the first legal institution to prosecute persons responsible for genocide, war crimes and crimes against humanity. The author proves that the effectiveness of the Court’s functioning depends not only on the expansion of the number of States Parties, but also on the ability to implement measures to counter international crimes at the national level.The study has established that the future ratification of the Rome Statute of the International Criminal Court will greatly facilitate the process of cooperation with leading European legal organizations, and will also make it possible to implement the criminal prosecution process in accordance with the modern reference standards of international criminal law. To achieve the relevant result, Ukraine should use the most optimal way to implement the provisions of the Rome Statute - to amend and supplement the relevant legislative acts, among which the author identifies the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, and the Criminal Executive Code of Ukraine. The author emphasizes that the process of amending and supplementing the legal acts relating to domestic criminal jurisdiction should be accompanied by the adoption of a special Law of Ukraine “On Cooperation with the International Criminal Court”.The study also establishes that the prospect of Ukraine’s cooperation with the International Criminal Court will provide a unique opportunity to apply new procedures in national legislation to protect the rights and freedoms of Ukrainian citizens. At the same time, the author proves that the International Criminal Court is significantly limited in its competence in cases involving the prosecution of the top leadership of the Russian Federation for genocide and crimes against humanity. With this in mind, the author conducts a comprehensive and in-depth analysis of the legal basis for the establishment of the Special International Tribunal.

Work in prisons: Considerations on racial inequalities and labor activities in Brazilian prisons

The problem of violence has been studied by several researchers who analyze contemporary society. In these debates, reflections on the involvement of young people in crime, the increase in incarceration of the black population and the importance of public policies for the prevention of this phenomenon are common. The Federal Constitution of Brazil - CRFB of 1988 and Law 7.210/84 of Penal Execution (LEP) show that educational and work activities must be carried out by the prison population, mainly because they represent efficient mechanisms in the rehabilitation of inmates. This research aims to analyze the criteria used by the penitentiaries to select the convicts considered apt to develop productive activities, verifying, above all, if the convicts' race, color, or ethnicity interfere in their possibilities of access to work activities. The methodology used consisted of the literature review produced on this topic specifically in Brazil in the last five years. The data obtained revealed aspects that allow the permanence of an unequal society, which violates rights guaranteed in the Magna Carta and in the Criminal Executions Law. Among them, the persistence of racial inequalities in prisons, the overcrowding and precariousness in prisons and, above all, the neglect of the public power in not expanding policies aimed at resocialization, stand out. In view of this, the need for the State to intervene in this reality is identified by implementing public policies capable of collaborating with the effectiveness of basic guarantees guaranteed to all citizens, including those who are under deprivation of liberty.

ПЕДАГОГІЧНІ УМОВИ ФОРМУВАННЯ ЛІДЕРСЬКОЇ КОМПЕТЕНТНОСТІ МАЙБУТНІХ ОФІЦЕРІВ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ

The solution of the scientific task of forming the leadership competence of future officers of the State Criminal Executive Service of Ukraine (hereinafter - SES of Ukraine) is primarily due to the requirements of the guiding documents regulating the content and features of professional training of penitentiary department specialists. The Ministry of Justice of Ukraine declared the renewal of personnel capable of achieving the goals set for the SPSU. Based on the experience of the functioning of penitentiary institutions, it can be noted that strong leadership contributes to the creation of effective security systems and a safe environment in penitentiary institutions, the establishment of a humane atmosphere and a positive culture of relations between staff and prisoners. The article describes the pedagogical conditions for the formation of leadership competence of future specialists of the penal service. It is proved that in order to form the leadership competence of future specialists of the penal service, it is necessary to introduce such pedagogical conditions as deepening the understanding of leadership behavior by selecting the content of social and humanitarian disciplines and introducing an additional special online course "Leadership of the penal service officer" and the use of situational teaching methods (situational method, method of specific situations, case method) for the acquisition of skills and abilities by cadets to independently solve problems of professional development. It is also proposed to use interactive technologies for the formation of communicative leadership skills, as well as to reveal the leadership potential of cadets through research activities. For the systematic organization of work on the formation of leadership competence of future specialists of the penitentiary service, it is proposed to use a structural and functional model that covers the conceptual, technological and evaluation parts.

Administrative view of the resolution of the legal conflict regarding the right of convicts to have long visits with persons with whom they are having a factual marriage relationship

The article is dedicated to the peculiarities of the legal regulation of guaranteeing the right of convicts to long-term visits. The circle of persons with whom the convict may be granted visits has been investigated. A legal analysis of the provisions of Part 1 of Art. 110 of the Criminal Executive Code of Ukraine has been completed. It was concluded that the application of the term "spouses" in the specified norm to persons living as a family but are not married is inadmissible since the term "spouses" includes a man and a woman who have a registered marriage (a family union of a woman and a man, registered in the body of the state of registration of vital records). At the same time, the legal status of "spouses who were living as a family, but were not married" under the family legislation of Ukraine, is held by "persons who are having a factual marriage relationship."
 The article discusses the reasons for giving long-term visits to persons having a factual marriage relationship. In particular, the conclusion was formed that the proper ground for granting long-term visits to a woman and a man living as a family but not married is exclusively a court decision establishing the fact of living as a family. At the same time, ways to eliminate the legal gap are defined, according to which the fact of having common minor children is a determining ground for granting long-term visiting. Because limiting the right to long-term visits only by the existence of minor children violates the principle of equality before the law for persons having common adult children, and living as a family but not married.
 The authors propose several improvements to the existing legislation and steps to liberalize criminal law. So, in particular, it is suggested to grant convicts long visits with persons with whom they live as a family but are not married, without the requirement of having children together. It is proposed to liberalize long-term visits for convicts and remove restrictions on the right to joint rest with friends or solving work issues of convicts who, presumably, due to long-term visits with business partners, will be able to be engaged in entrepreneurial activities.

Imprisonment in Crime Control Efforts

Crime prevention in Indonesia is often related to criminal enforcement through the prison system as one of the criminal sanctions that is often used as a means of crime prevention in various categories. The study used normative juridicial research by performing library studies of legal and literature associated with the object of the study. The purpose of this study is to know the effectiveness of prison penal penalties in criminal policy , as well as problems in the implementation of imprisonment at the Correctional Institution. The results of the study conclude that the effectiveness of imprisonment will be reviewed from two main aspects of the purpose of punishment, namely first, the aspect of society's protection is very specific to society. Second, it is seen from an aspect of the improvement of the individual who focuses on improving the behavior of the perpetrators. Problems are often encountered in prison criminal executions at such correctional institutions: overcrowding in correctional Institution, the rise of new crimes in the penitentiary, the differences in correctional facilities, not fulfilling the basic rights of prisoners, lack of integrity guidance for the guards

УГОЛОВНАЯ КОНЦЕПЦИЯ ДИФФЕРЕНЦИАЦИИ НАКАЗАНИЙ КАК ПРАВОВОЙ ПРИНЦИП

Within the framework of the presented article, an attempt was made to discover the penal differentiation and individualization of the execution of punishments, as well as the evolution of its establishment. It is worth noting that due to the democratization of public life and the adoption of a full-fledged legal concept of human rights in the independent Republic of Armenia, one of the areas of in-depth legal reforms was the revision of penal policy and legislative reform. The article speaks about the new Criminal Executive Code of the Republic of Armenia, adopted on June 15, 2022, which improved the legal technique for consolidating and legal regulation of the principles of criminal executive law in criminal executive legislation.