Special Legal Status Research Articles

The right to join trade unions in international law

The article examines the right to join trade unions in international law. It is emphasized that the right to join trade unions is a unique human right, which is directly provided for in the main international legal acts for the protection of human rights, in particular, in the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Convention on Human Rights of 1950. The special legal nature of this right is emphasized, which at the same time belongs to the group of civil and political rights, as well as socio-economic rights. In addition, the right to organize in a trade union derives simultaneously from the right to freedom of association and the right to work. Attention is drawn to the fact that the right to join trade unions includes the right of workers without discrimination or prior permission to form and join trade unions of their own choice; trade unions should be allowed to operate freely, without undue restrictions on their functioning. The right to form and join trade unions also requires that trade unionists be protected from any form of discrimination, harassment, intimidation or repression. Special attention is paid to the case-law of the European Court of Human Rights regarding the protection of the right to join trade unions. It is emphasized that the European Court of Human Rights considers freedom of trade unions as an important element of social dialogue between employees and employers, and therefore an important tool in achieving social justice and harmony. It is concluded that according to the practice of the European Court of Human Rights, trade unions do not have a special legal status different from other associations. At the same time, the European Court of Human Rights emphasizes that the European Convention on Human Rights requires that, under national law, trade unions have the opportunity, under conditions not inconsistent with Article 11 of the Convention, to fight for the protection of the interests of their members.

Subjects of Investment Activity in the Field of the Military-Industrial Complex

The concept of the subject engaged in investment activities in the military-industrial sector is examined from the view of investment law theory, current investment legislation, and specific regulations in the sphere in question. Based on this analysis, it is concluded that such a person should be a legal entity, which is listed in the consolidated register of military-industrial organizations and meets the necessary criteria. Their specific legal status is justified and explained, which entails additional public legal aspects and distinguishes them from other entities engaged in investment activities in other sectors of the economy.

Standards for the implementation of the right to pension provision for persons discharged from military service in the decisions of The Constitutional Court of Ukraine

This article examines the special legal status and specific nature of the right to social protection afforded to military personnel serving in the Armed Forces of Ukraine and other military formations, as well as to persons discharged from military service. It is substantiated that the special nature of social protection for this category of persons is determined not by their disability or lack of livelihood, but by the specifics of their professional duties. The article examines the legal acts that determine the conditions, norms, and procedures for pension provision for persons discharged from military service. The article establishes the specifics of the implementation of the right to the following types of pensions by persons discharged from military service: 1) for long service; 2) for disability; 3) in case of loss of breadwinner. It is argued that the pension of a person discharged from military service, as a form of social security provision, must comply with one of the fundamental sectoral principles enshrined in the Constitution of Ukraine – guaranteeing a decent standard of living for all citizens. The article establishes that the subsistence minimum, as a minimum standard of social protection, is characterized by the regulation of its purpose and the systematic nature of payments. It is proven that an important principle of pension provision for persons discharged from military service is the principle of legal certainty. The article analyzes the understanding of the content of the principle of legal certainty formulated in the decisions of the Constitutional Court of Ukraine, according to which this principle means that legislative bodies should strive for clarity and unambiguity in their lawmaking activities, and a person should understand which rule of law applies in their case and have a clear understanding of the occurrence of specific legal consequences. The article provides examples of violations of the principle of legal certainty in the context of pension provision for persons discharged from military service. The article analyzes the understanding of the principle of proportionality in the field of social protection proposed by the Constitutional Court of Ukraine, according to which this principle means that the measures provided for in legal acts should be aimed at achieving a legitimate goal and be proportionate to it.

The principle of justice in the construction of a special legal status (historical and theoretical aspect)

The subject of the study is the principle of justice. The idea of justice is revealed in the context of the legal regulation of the rights and obligations of persons with special legal status. The essential aspects of the principle of equity at the individual and regulatory level are analyzed. It is noted that the principle of justice in relation to special legal status means the following: 1) any specific rights and obligations included in it must be established on certain grounds; 2) the content of these rights and obligations must correspond to the nature of these grounds. Thus, violations of justice in the construction of a special legal status can be of two kinds: either arbitrary (groundless) granting of rights or assignment of duties, or, if there are such grounds, excessive or insufficient nature of rights and duties. The research methodology includes the following approaches: comparative analysis, abstraction, deduction, induction, idealization, formalization, axiomatic and logical method. It seems important to distinguish between the aspects of justice: qualitative and quantitative. The qualitative characteristic of justice is to ensure that the grounds of a special legal status, on the one hand, and its content, on the other, are homogeneous in their value nature; for example, that an act of positive social significance (merit) generates a positive legal assessment expressed in the provision of additional benefits (encouragement), and vice versa. The quantitative measurement of justice assumes that the volume of social benefits or encumbrances inherent in a special legal status reflected, at least with some degree of accuracy, the similar significance of what served as the basis for this. From a practical point of view, the fairness of a special legal status can be revealed at two levels: individual (law enforcement) or normative (law-making).

Firm heterogeneity and export behavior: evidence from Tunisia

ABSTRACT We use unique enterprise survey data to explore the export behavior of firms in Tunisia, a small, trade-dependent country with a complex policy environment regarding exporting. Firms may export directly or indirectly through intermediaries, and can also sell to ‘offshore’ firms, which are export manufacturing firms with special legal status. Firm size, a proxy for productivity, is strongly associated with exporting of either type as well as with sales to offshore firms. In contrast to some studies, exporting is not positively associated with firm age (i.e., experience). Domestic-owned firms are more likely to use intermediaries to export while foreign-owned firms as well as those with more educated managers are more likely to export directly. Multinomial logit results reject the hypothesis of progression from indirect exports through direct plus indirect exporting and then to direct-only exporting as firm size increases; instead, the largest exporting firms are more likely to combine direct and indirect exporting, possibly to reduce risk. The findings from this study – the first to examine the heterogeneity of exporting behavior in Tunisia – reveal a complex picture of such behavior and confirm the importance of trade intermediaries for less sophisticated firms (those with lower manager education and internet access), pointing to potential measures to encourage exporting among such enterprises. The findings also suggest that efforts to encourage exporting may also improve firms’ ability to sell to ‘offshore’ firms, enhancing the so far elusive linkages of that sector with the rest of the economy.

Inside and Outside a Monopoly: Transhumant Pastoralists and the Public Management of Pastures in Southern Tuscany (14th–15th c.)

This article focuses on the interaction between transhumant pastoralists and Sienese officials within the public management of pastures in the late medieval city-state of Siena. Between 1353 and 1419, a monopolistic system of accessing common and private pastures in Southern Tuscany, called Dogana dei Paschi, was developed and established by Siena by means of law enforcement, commons expropriation and military conquest. The aim was to provide winter grazing to transhumant herds from the Apennines, the Latium and the Sienese territory in exchange of fiscal revenues. The Dogana, however, suffered from external competition and lack of control, while highly depending on foreign herds from beyond the Sienese borders. Outside the Sienese monopoly of pasturages, transhumant pastoralists were entrepreneurs, livestock owners, and shepherds with freedom of movement because of their citizenship, while under the rule of the Dogana they formed an heterogeneous pastoral community, called vergaria, provided with a special legal status, rights and duties. In both cases, pastoralists and the vergaria were in constant bargaining with Sienese officials in order to be able to graze as much and to pay as less as possible. In this regard, they contributed to shaping the legal framework of the Dogana. Examining archival records from Siena, such as laws, deliberations and trials recorded in the 14th and 15th centuries, this paper explores the legal definition, regulation and perception of transhumant pastoralists in Tuscany. It moreover analyses their bargaining power and interactions with Sienese officials concerning frauds, collusion and trespassing inside and outside Sienese borders, in order to shed light on the social structure and provenance of herders and livestock owners in late medieval Tuscany.

The concept of state financial control and the legal status of the subjects of its provision

The article is devoted to the study of the concept of state financial control and the legal status of the subjects of its provision. It is noted that, in practice, the system of state financial control bodies is extremely extensive and includes a large number of bodies that do not interact properly. It is proposed to understand state financial control as the activity of state authorities and local self-government regulated by financial and legal norms, based on the principles of legality, independence, objectivity, efficiency and aimed at protecting the financial interests of the state, business entities and citizens. It is emphasized that the Law of Ukraine «On the basic principles of state financial control in Ukraine» does not operate with the concept of «subject of state financial control», but only generally indicates the rights of the state financial control body, and the duties and responsibilities of its officials. It is indicated that the President of Ukraine, being the head of state and possessing a special legal status, supervises financial activities. Control powers in the field of financial resources management can be exercised by the President of Ukraine by adopting decrees, the effect of which is aimed at regulating financial relations. It is noted that the Verkhovna Rada of Ukraine is assigned to the state body of general financial competence, but it determines the main guidelines for the development of the entire financial system of the country by adopting and approving laws. The specific results of the activities of bodies of special competence depend on its actions. It has been established that the Accounting Chamber occupies a separate place in the system of state financial control bodies, it is the highest body of state financial control of Ukraine, it is formed by the Verkhovna Rada of Ukraine, subordinate to and accountable to it. The Accounting Chamber, in accordance with Article 98 of the Constitution of Ukraine, on behalf of the Verkhovna Rada of Ukraine, controls the receipt of funds from the State Budget of Ukraine and their use.

The Protest that Never Was: Silencing Political Activism at CERN Before and During the Vietnam War

This article focuses on the history of CERN from the perspective of its staff’s political initiatives. Notwithstanding the extensive coverage that the international physics laboratory has received, historians have yet to document these campaigns in full. What follows explains this omission by focusing on provisions that muzzled the activists’ initiatives. Since 1955, staff rules and regulations elaborated by CERN managers aimed at curbing efforts to promote political campaigning in the laboratory. Designed to safeguard its special legal status as an international organization in Switzerland devoted to scientific collaborations, these provisions strengthened its public image as a “sanctuary” for pure physics. With the war in Vietnam in full swing, however, it became more difficult to bottle in political initiatives, especially as CERN staff contributed to anti-war protests and supported local solidarity groups. At this critical junction, the laboratory managers muffled campaigns targeting Nobel-prize winning physicist Murray Gell-Mann, and made it seem as if a petition against the US military strikes in Vietnam signed by its staff was never put together.

Securities as an Object of Trust Management as Part of the Inherited Property. Part 2

Introduction: the specifics of the relationship for trust management of securities as part of the inheritance estate are mainly determined by the characteristics of the object. Due to the problems of the legal definition of securities and their open list and the gaps and contradictions in the legislation, the study aims to systematize the regulatory material and make recommendations to notaries and trust managers. As a result, the influence of the specific characteristics of securities on the relationship of trust management of them as part of the hereditary property is revealed; the directions for solving the problems of managing profitable securities, the trustee’s participation in general meetings of corporate participants, the multiplicity (in some cases) of trust management agreements, etc. are proposed. General conclusion: the law enforcement practice (within the framework of notarial activities and the activities of the trustee) should not fill the existing gaps; the comprehensive improvement of the legislation on inheritance law and on the securities market is necessary. It is recommended to adopt as a general rule the rule on the special legal status of a trustee, with an emphasis on their special knowledge. One of the solutions to the problem would be the creation of self-regulatory organizations or associations of trust managers of securities with limited tariffs for inherited property.

Ecclesiastical refuge in medieval Wales: formation and role in political processes

The article is devoted to the penetration of the concept of ecclesiastical refuge into the British Isles, its spread and regional peculiarities. The focus is on the origin and realization of the right of ecclesiastical refuge in the territory of the Welsh kingdoms from the early Middle Ages, when sources record the first signs of the allocation of the temple territory as a place with a special legal status, until the XV century, when the charters of the English kings approved the traditional privilege of Welsh religious centers to provide security to those in need. Being one of the most important achievements of church diplomacy, the right of ecclesiastical refuge was directly related to the status of a religious center: documents confirming it were preserved and copied, if there were no documents, they were forged or episodes in which they hid someone from persecution within the walls of their cell or monastery were included in the lives of the patron saints. The almost simultaneous appearance of such plots in the Lives of the late XI–XII centuries. It suggests that this was one of the main arguments of the Welsh religious communities in the struggle to maintain their position in the face of the changes that began with the arrival of the Normans on the island. For representatives of the secular authorities, the right of ecclesiastical refuge was an inconspicuous but very effective political tool that allowed, on the one hand, to control local religious communities, allowing them to exercise the privilege they needed or violating it, on the other hand, creating an opportunity at the right moment to ensure the safety of both themselves and other participants in political processes.

BLANK DRAFTS TO SECURE OBLIGATIONS WITHOUT FINANCIAL RISK

Blank drafts have become an increasingly popular payment instrument used by banks and creditors to reduce financial risk. Bank drafts have a specific legal status, containing inconsistencies between a partial filling-in and their transformation into securities. The study aims to analyze blank drafts as an instrument in modern business transactions, their strengths and weaknesses, legal aspects, and related risks. Blank drafts are a flexible instrument used in multiple business transactions. Issuing an incomplete security paper allows the parties to agree on the terms and conditions of the transaction and then complete the necessary information, dramatically speeding up the processes. On the other hand, blank drafts impose a risk and may lead to harmful consequences.

Characterization of Slovak police legislation

Aim: The purpose of the study is to present the system of Slovak police legislation from the authors’ scientific point of view and personal experience, and to approach the place of the subjects of police law in the Slovak legal system and in the law enforcement administration by interpreting the sources of police law. Methodology: The authors apply the standard methods of scientific investigation of the topics of police administration and police law, with particular attention to the police. Primarily, they present an analysis of the system of legal norms regulating the legal status of the police in the police mechanism of the state. Findings: The security system of the Slovak Republic is based on the security policy of the state, which contains the basic priorities implemented by the system of state bodies and institutions. The Ministry of the Interior, as the central state body responsible for the internal security and public order of the state, is primarily responsible for the implementation of the stated priorities. From the point of view of the operation of the rule of law, it is important to define legal sources for the subjects of police law that regulate the powers, duties and activities of these subjects. A special legal status is enjoyed by law enforcement authorities, which are composed of elements that ensure the effective and rational implementation of powers defined by formal legal sources. The specific tasks of the police are determined by legal norms, which are provided by individual services through police bodies. The mentioned police bodies operate at certain levels of regional and functional importance within the police system. The police is one of the important organisations that guarantee the internal security of the state and occupies an irreplaceable place in the implementation of the state's security policy. Value: The result of the scientific examination of the position of the police in the security system of the state is that it is determined what tasks the police perform as a subject of police law in the Slovak Republic. The academic work points to the organisation of the police and the system of legal norms regulating the powers of the police, especially to guarantee the internal security of the state.

Protection of the Environment in Polish Constitutional Law in the light of the Jurisdiction of the ECHR

Over the past decades, a global trend of constitutionalising environmental protection has been observed in connection with the attribution to this issue of key importance and value deserving special legal status. This practice has not bypassed the Republic of Poland; the current constitution provides an extensive range of environmental provisions. The aim of the paper is to review the Polish constitutional law in terms of provisions guaranteeing environmental protection. The article presents the specific legal framework and analyses the role of the Polish Constitutional Court in interpreting constitutional provisions. Based on the legal analysis, the author aims to identify best practices and solutions included in the Polish Constitution, as well as to indicate existing shortcomings of environmental regulation with some remarks de lege ferenda. An important part of the paper provides an assessment of the impact of the ECtHR’s case law on the practice and jurisprudence of Polish courts dealing with violations of the right to the environment. In this regard, attention is given to civil cases involving violations of personal rights in the form of health, privacy, and the ability to enjoy life in an uncontaminated environment. The outcome is a consideration of the connections between the construction of the right to the environment and the subjective rights guaranteed by the Polish Constitution.

Особенности защиты прав ветеранов труда при назначении им отдельных социальных выплат

The article examines theoretical and practical problems that arise from the incorrect application of legislation on veterans, incorrect interpretation of the rules defining measures of social support for citizens who have a special legal status — Labour Veteran. As a result of law enforcement, the grounds and procedure for assigning appropriate payments to a labour veteran, depend not on the status of such a citizen, but on the territorial principle which determines support measures at the citizen’s place of residence, which leads to a violation of his legal rights. In practice, a clear manifestation of the loss of all social benefits intended for a labour veteran occurs if he changes his place of residence and the social protection body, referring to the legal norms on unjust enrichment, claims for the recovery of amounts paid to him as measures of social support. The author has proven that social support measures should apply to all veterans, regardless of their place of residence. This meets the requirements of the legislation on veterans and the essence of the state’s social policy.

Права корінних народів України як центральний елемент їх правового статусу

The proposed article examines specific aspects of regulating the legal status of indigenous peoples of Ukraine and their rights as an element of its regulation. It was established that the rights of the indigenous peoples of Ukraine must be considered in the context of their legal status. It was determined that the legal status of the indigenous peoples of Ukraine is based on several international legal acts and the provisions of current national legislation. Given the existing classifications of legal status, the legal status of Indigenous peoples can be considered a special legal status due to its belonging to a particular group of people. The article examines the existing scientific controversy regarding the definition of the concept of “Indigenous peoples,” the basis of which is proposed to be defined based on its legal definition in the Law of Ukraine “On Indigenous Peoples of Ukraine.” The main characteristics of the indigenous people, distinguished by modern scientists in the field of law, are summarized. Broad and narrow approaches to understanding the indigenous people are determined depending on the number of such signs. It was established that the current Law of Ukraine, “On Indigenous Peoples of Ukraine,” demonstrates a three-level approach to the legal regulation of the rights of Indigenous peoples, consolidating them, in fact, into three groups: those that determine legal personality, fundamental rights, and others. However, the current legislation needs to allow to clearly define the legal markers of such a gradation and a clear understanding of the separation of fundamental rights and the rights provided for by individual articles of the profile law. The legal uncertainty of the mechanism of guarantees for the protection of the legal status of the indigenous peoples of Ukraine and its protection is established, as well as the need for further scientific research to improve the understanding of existing guarantees at the theoretical and legal level and their development at the regulatory level. Keywords: indigenous people, legal status, rights, guarantees, responsibility.

ПРАВОВИЙ СТАТУС ВІЙСЬКОВОПОЛОНЕНИХ В УКРАЇНІ

The article is devoted to the understanding of the legal status of prisoners of war. In order to establish the legal status of prisoners of war, the author analyzes and argues that captivity is a phenomenon which is accompanied by restrictions on the freedom of persons who fall (claim) to have the legal status of prisoners of war and were involved in an armed conflict, with the aim of preventing their participation in hostilities in the future. The author clarifies the role of participants in an international armed conflict, which in international humanitarian law are divided into military and civilian combatants and non-combatants. Only combatants, i.e., those persons involved in an interstate conflict, can become prisoners of war. The main difference between a non-combatant and a combatant is that the above-mentioned persons have personal weapons, but can use them only for self-defense. If they participate in hostilities, they acquire the status of combatants. The legal status of a person is a system of rights, freedoms, obligations, and responsibilities enshrined in legal acts and guaranteed by the state, according to which an individual, as a subject of law (i.e., as one with legal personality), coordinates his or her behavior in society. The legal status of: a) citizens of Ukraine; b) foreigners; c) stateless persons; d) persons granted asylum. According to the nature of legal regulation, the legal status is a) general; b) sectoral (individual), c) special. The legal status of prisoners of war applies only to those persons who have not violated the rules and customs of war and are not subject to prosecution under the criminal law of Ukraine. In general, the legal status is formed by combining subjective rights, legitimate interests and legal obligations. The constituent elements of the legal status of prisoners of war are rights, obligations and prohibitions. Prisoners of war are special subjects of law, as they are under international legal protection and endowed with a special legal status regulated by both national legislation and regulations of international humanitarian law. Key words: war, prisoners of war, captivity, legal status of a person, international conflict, rights, obligations, prohibitions, foreigners, combatants, non-combatants.

The Dualistic Nature of the Competence of Civil-Military Administrations: On the Formulation of the Problem

The article highlights the controversial issues of executive branch dualism in Ukraine and highlights the problems of the dualistic nature of the competence of civil-military administrations. It is noted that since the proclamation of Ukraine’s independence and up to now, political and legal discussions have been taking place around the problems of executive power organization. It is emphasized that the origins of the problem of executive dualism should be sought from the formation of the system of public authorities in Ukraine in the 90s of the twentieth century. During this period, there was a rather complicated political struggle and a search for the most optimal model of building a system of state authorities, which certainly affected the construction of the executive branch, and gave rise to a number of problems related to the dualism of power. The author emphasizes that the problems of dualism in the sphere of higher authorities have caused the same problems in the system of executive authorities and their relations with other types of public authorities, in particular, with local self-government bodies. The author analyzes and summarizes the problems in the field of relations between local public authorities (local executive authorities and local self-government bodies) and identifies the following: conceptual problems of delimitation of powers between certain executive authorities and local self-government bodies, legal problems of delimitation of powers between certain executive authorities and local self-government bodies; institutional problems. It is emphasized that dualism was also observed in the course of functioning of civil-military administrations, although in this case it was of a slightly different nature, which is due to the special legal status of the latter. The author identifies the peculiarities of such dualism. The author emphasizes the need to improve the legal framework for the functioning of civil-military administrations, to carry out institutional changes (search for a model, structure, etc.), to organize work, to apply new forms and methods of management, and to conduct further scientific research.

Separate issues of employment and professional development of young scientists in Ukraine

The article is devoted to the theoretical and legal study of the right to work, its enshrining in the legislation of Ukraine and in international legal documents, ensuring the employment of young people by the state, the peculiarities of the employment of young scientists, as a category of subjects of labor relations with a special legal status. The state of employment of this category of workers has been analyzed and the main problems faced by young people when finding work have been identified, in particular: a) imperfection of the regulatory and legal framework that regulates labor relations with scientists; b) the possibility of forecasting supply and demand in the labor market; c) lack of professional experience among young people; d) state of development of research infrastructures; e) low level of salaries of scientific employees. The theoretical and practical problems in the field of professional development of young workers aimed at forming high professionalism in them, the ability to work in new economic conditions, as well as ensuring high productive work and effective employment on this basis are analyzed. The author concluded that the current state of the youth labor market is the most problematic part of the general labor market, since the level of youth unemployment in Ukraine has only been increasing in recent years, which contributes to the outflow of young specialists abroad, where they see better earnings, professional growth or opportunities in general.

Legal status of young scientists in the Russian Federation

The subject. The article presents a comprehensive analysis of the legal status of young scientists in the Russian Federation, taking into account the needs of the Russian scientific society for the reproduction of the scientific knowledge.The purpose of the research is to confirm or to reject the hypothesis of the necessity of the specific legal status of the young scientists in Russian academic law.Methodology. The formal legal method, the method of comparative legal analysis and method of systemic approach were used in the article.The main results. The research proves that the modern Russian academic community is in need of the young scientists due to the aging of the community. According to statistics, the lack of social guarantees and the low prestige of the academic profession result in a low percentage of PhD graduates in the recent years. The study concludes that there is no systematic approach to the definition of the status of a young scientist in the current Russian law. Although attempts to formalize the legal status of the young scientists have been made, they have so far not led to significant results. The authors conclude that the current legislation governing the legal status of young scientists should be harmonised. Analysis of the current legislation on the legal status of young scientists also reveals a number of complex issues. Social guarantees for young scientists, presented in the form of social housing, affect only a small proportion of the scientific community, while there are no laws granting preferential loans for young scientific workers. The participation of young scientists in grant support competitions is complicated due to the lack of a unified approach. Specific problems are faced by female scientists. A partial solution to the problem of the low prestige of the profession for both scientific and pedagogic workers, according to the authors of the article, lies in the foundation of a unified federal system of guarantied wages for such workers.Conclusions. Researchers conclude that a consistent approach to the legal status of young scientists and social guarantees, according to such status, can ensure the stable growth of young people in the sphere of scientific activity. In order to enhance the prestige of the profession of scientist among young people and to prevent the lack of scientific and pedagogical workers, researchers consider it necessary to take a number of measures, such as legal enshrinement of the status of a young scientists, development of a system of social guarantees, search for a new ways to measure the scientific activity of employees, formation of a stable system of postgraduate studies and creation of comfortable working conditions for young scientists.

Penitentiary liability for environmental crimes

Speaking about the social importance of preventing crimes in the field of the environment, it is worth noting the danger of consequences caused by these acts. The planned course of the policy of humanization of criminal law has an ambiguous effect on the reduction of environmental crimes. As a result, in places of deprivation of liberty there are persons convicted (including for environmental crimes) in respect of which cases of acquiring the status of a persistent violator of the sentence serving regime are not excluded. The article discusses the problems of changing the legal status of those convicted of environmental crimes. A structural, retrospective and comparative legal analysis of the concept of «malicious violator» in the legislation is carried out. The study analyzes the points of view of scientists who determine the legal personality of a convicted person for environmental crimes. On their basis, the goals and objectives are synthesized to establish the doctrinal positions of the legal personality of malicious violators of the penitentiary regime, their features and specific features are given. In particular, the issues of the emergence of their legal capacity, capacity to act and «delictual capacity» are disclosed. Summarizing the discussion conducted in the study, the authors cite their own concept of a malicious penitentiary violator, highlighting the special legal status of a convicted person for crimes in the field of ecology.