ON THE ORGANIZATIONAL AND LEGAL DIRECTIONS OF DEVELOPMENT OF THE STRUCTURE OF PLACES OF DEPRIVATION OF LIBERTY
Uvarov O.N.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), professor of the department of execution of punishments not connected with deprivation-of lberty and legal support of activity of criminally-executive system, candidate of law, associate Professor
Annotation:
Prisons and special-regime colonies must contain persons sentenced to life imprisonment; prisoners who have been commuted to the death penalty by way of a pardon with a fixed term of imprisonment; criminal authorities and leaders of organized criminal groups (leaders of criminal clans or their divisions) who have been convicted of terror or have had a criminal record for such crimes.
At present, there is no direct and convincing justification for the separate existence of colonies of strict and General regimes. Those convicted before release, that is, those who have practically reformed, can serve their sentences in light conditions, while it is quite possible to keep them together, taking into account the categories of prisoners serving their sentences in these colonies. Under normal circumstances, it is necessary to divide convicts into different categories depending on the severity of the crime committed, the identity of the convicted person and the presence of a recidivism. Speaking about the strict conditions of serving a prison sentence, in our opinion, it is advisable to define their regime as prison (cell content).
It is advisable to use sections of penal colonies in correctional institutions to implement the “step” between “freedom” and “non-freedom”, which is advisable to use the institution of movement of convicts without a convoy (article 98 of the criminal code of the Russian Federation), as another condition for serving a prison sentence.
Keyword:
deprivation of liberty; punishment; colony, prison; conditions of imprisonment; colonies-settlements; regime; crime; identity of the criminal; characteristics of the criminal.
