LOGIC OF PENAL ENFORCEMENT REGULATION: TO THE PROBLEM
Kuzbass institute of the FPS of Russia (Novokuznetsk, Russia), Lecturer at the Department of penal law and criminology.
The article deals with the logic and validity of the establishment of separate penal rules (or “qualified silence of the legislator”) in penal law and by-laws adopted in accordance with it. On the basis of an analysis (including retrospective) of legislation and a survey of correctional officers of the penal correction system, it is concluded that there is now a situation in the field of penal enforcement legal regulation (or their conscious absence), which do not have a logical explanation, and, in some cases, do not meet the goals and objectives of penal enforcement legislation. In this regard, their establishment, as well as an understanding of the general logic and legislative design (not only penal enforcement), can make clearer ideas about penal enforcement relations, as well as provide significant assistance in their systematization, which is increasingly expressed by authoritative scholars of penitentiaries.
logic; penal enforcement regulation; validity of norms.