BACKGROUND OF DISPOSITIVITY IN CRIMINAL EXECUTIVE LAW
Zelenova O.M.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), inspector of personnel and personnel management, graduate student at the Law Institute of Tomsk State University
Annotation:
Changes in the criminal executive law of the Russian Federation are based on the need to improve the regulatory legal acts governing this branch of law, taking into account the orientation towards humanization and differentiation of the conditions for serving sentences. A special attention of the legislator to the rights, freedoms and legitimate interests of the individual actualizes the issue of methods of legal regulation. In the science of criminal executive law, the separation of the imperative method is traditional and generally recognized, however, at present, most scientists have come to the conclusion that there are also dispositive principles. The article discusses the prerequisites for the emergence and development of the dispositive method of penal law. The purpose of the article is to identify aspects of legal reality that have influenced the formation and expansion of the scope of dispositive principles. The necessity of highlighting the dispositive method of legal regulation in criminal executive law, as well as the need to expand the scope of its application, is argued. We study the socio-legal and economic prerequisites for the need to improve legal norms, taking into account the orientation towards building a democratic and social state.
Keywords:
dispositivity; methods of legal regulation of criminal executive relations; development of criminal executive law
