NEW ABOUT THE CONCEPT OF PENITENTIARY RECIDIVISM
Ryazan State University named after S.A. Yesenin (Ryazan, Russia), Professor at the Department of criminal law and criminology, Doctor of Law, Professor.
The author clarifies the concept of a penitentiary relapse. For these purposes, appropriate arguments are given and its theoretical and practical significance is substantiated. In his opinion, responsibility for the crime established in Art. 321 of the Criminal Code of the Russian Federation (disorganization of the activities of institutions that ensure isolation from society) should be transferred from Chapter 32 (crimes against the order of government) to Chapter 31 (crimes against justice), since in essence the sentencing by the court and its execution are a single process. Therefore, a correctional officer should be seen not just as a representative of the administrative and managerial authority, but as a representative of an independent judiciary. Hence, it is necessary to provide for liability for insulting such an employee as a representative of the judiciary.
penitentiary recidivism; judiciary; Russia; Kazakhstan; penal legislation; preventive mechanism.