Criminal-executive law is separate,an independent industry. It arose in connection with the need for legal consolidation of relations that arose after the appointment of a person to punishment and to achieve the goals of criminal liability.
The concept of the criminal-executive law (further UIP)
This is a system of rules of law governing the process and procedure for the enforcement of criminal penalties appointed by the court.
The subject of the UIP is the establishment of:
- general principles and provisions for the enforcement of sentences;
- the order of work of all bodies and institutions that carry out punishment;
- the procedure for participation of state bodies, local self-government bodies, other organizations and citizens to correct convicts;
- conditions and procedure for the serving of sentences and their execution, the use of various means aimed at correcting convicts;
- the application of other measures of criminal law as provided for by the Criminal Code;
- the order of release from the punishment appointed by the court and the provision of relief to the released.
For the UIP, the most characteristic method isimperative, as the norms contained in the legislation are mainly of a compulsory nature in connection with the inequality of subjects of legal relations. Nevertheless, the criminally-executive law presupposes the use of a dispositive method when the person in charge is given some freedom of choice; and the method of encouragement, when the cancellation of certain restrictions can be made, the punishment is replaced with a softer one.
The purpose and tasks of UIP
Goals - correction of prisoners to various punishments, crime prevention. They are fixed in art. 1 of the PEC.
Achievement of goals is accomplished by solving tasks:
- regulation of conditions, order of serving and execution of sentences;
- determination of remedies;
- protection of rights, freedoms of convicts, their legitimate interests;
- assistance in adaptation.
The criminal-executive right includesgeneral, special and special parts. The first defines the principles, objectives, objectives, structure and system of legislation on the execution of punishments, the system of punishable bodies and institutions, the legal status of convicts. The second contains the conditions and procedure for the execution of all types of punishments, the procedure for release, monitoring of convicts and rendering assistance to them. The special part includes cooperation of an international legal nature on the existing problems in connection with the execution of sentences.
- Humanism. Criminal-executive law establishes norms prohibiting the use of violence, torture and other cruel acts against convicts. Various improvements and benefits are provided for convicts who do not violate discipline and the established order. This motivates them to behave lawfully, reduces the manifestations of their dissatisfaction on their part.
- Equality before the law. Persons serving one type of punishment are in the same position irrespective of race, nationality, religion, social status.
- Individualization and differentiation of performancepunishments. Coercive measures and remedies must be applied rationally. Positive and negative sides and qualities of the person are found out. At different stages convicts differentiate for health reasons, age, family, profession, etc.
- Connections of punishment and corrective action. That is, attracting the convict to work, training, amateur performance, etc.
- Democratism. The choice of the language of treatment, unhindered submission of complaints, etc.
Sources of criminally-executive law
Official documents of the competent authorities,containing legal norms. The most important source is the Constitution, which, along with others, also contains criminal-executive norms. The main is the PEC, which defines the tasks and objectives, the principles of PPS, the types and system of penal institutions and other provisions. Sources include laws, decrees and decrees of the President, orders of the Government.</ p>