RESPECTING THE RULE OF LAW AND HUMAN RIGHTS IN INSTITUTIONS AND BODIES OF THE PENAL SYSTEM
Journal: PENAL LAW
Volume 12 № 3
, 2017
Rubrics: CONTROL OVER THE PENAL INSTITUTIONS
Authors:
1.
Akademiya FSIN Rossii
Russian Federation
Russian Federation
Type:
Article
Pages:
from 276
to 279
Status:
Published
Received:
28.09.2017
Accepted:
28.09.2017
Published:
28.09.2017
Subject area:
UDK 343.8
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
the principle of legality, correctional facilities, pretrial detention centers, the penal legislation, the penal code, convicts, persons taken into custody, the staff of correctional facilities and pre-trial detention centers
Abstract (English):
The present stage of development of a penal correction system is directly connected with the economic, political and cultural transformations happening in Russia which have predetermined the need of radical reforming of legislation providing application of compulsory criminal and legal, criminal procedure and penal means. The modern penal policy of Russia is guided by requirements of international standards more and more surely, heads for active reorganization of the penal system, both in correctional facilities, and in pretrial detention centers.The concept of development of the penal system of the Russian Federation till 2020 assumes development of measures for providing international standards of treatment of convicts and persons who are held in custody.It is necessary to emphasize that the problem of ensuring the principle of legality is low-investigated now. The questions of ensuring the principle of legality of convicts and persons who are held in pretrial detention centers are exposed insufficiently in legal literature therefore the author does attempt to generalize the theory and practice of organization of work on law enforcement in institutions and bodies of the penal system.The process of protection improvement of human rights and respecting the rule of law in correctional facilities and pretrial detention centers are extremely important under conditions of forming a constitutional state. The question is about prevention of rights and legal interests violations of persons serving sentences in correctional facilities and those being in pre-trial detention centers, and the staff of these institutions and bodies as well. The principle of legality is of constitutional nature. It is fixed in a number of articles of the Constitution (Art. 4, 13, 15, 17-19, etc.) and also in the international documents on protection of human rights in places of confinement: The minimum standard rules of treatment of prisoners, the Convention on the protection of human rights and fundamental freedoms of 1950, the Convention against tortures and other cruel, inhuman or degrading treatment or punishment adopted by the UN in 1984, the European penitentiary rules of 1987, the Set of the principles of protection of all persons subjected to the detention or imprisonment in any form accepted by the UN in 1989, etc.The principle of legality and other principles fixed in the above mentioned documents affect priority human rights of an imprisoned persons, which have to be fixed by all means in national legislation and be observed in law-enforcement practice. Even exceptional circumstances can’t form the basis for justification of tortures or other cruel, inhuman or degrading treatment or punishment (Art. 3 of the Convention on protection of all persons against tortures and other cruel, inhuman or degrading treatment or punishment).
The present stage of development of a penal correction system is directly connected with the economic, political and cultural transformations happening in Russia which have predetermined the need of radical reforming of legislation providing application of compulsory criminal and legal, criminal procedure and penal means. The modern penal policy of Russia is guided by requirements of international standards more and more surely, heads for active reorganization of the penal system, both in correctional facilities, and in pretrial detention centers.The concept of development of the penal system of the Russian Federation till 2020 assumes development of measures for providing international standards of treatment of convicts and persons who are held in custody.It is necessary to emphasize that the problem of ensuring the principle of legality is low-investigated now. The questions of ensuring the principle of legality of convicts and persons who are held in pretrial detention centers are exposed insufficiently in legal literature therefore the author does attempt to generalize the theory and practice of organization of work on law enforcement in institutions and bodies of the penal system.The process of protection improvement of human rights and respecting the rule of law in correctional facilities and pretrial detention centers are extremely important under conditions of forming a constitutional state. The question is about prevention of rights and legal interests violations of persons serving sentences in correctional facilities and those being in pre-trial detention centers, and the staff of these institutions and bodies as well. The principle of legality is of constitutional nature. It is fixed in a number of articles of the Constitution (Art. 4, 13, 15, 17-19, etc.) and also in the international documents on protection of human rights in places of confinement: The minimum standard rules of treatment of prisoners, the Convention on the protection of human rights and fundamental freedoms of 1950, the Convention against tortures and other cruel, inhuman or degrading treatment or punishment adopted by the UN in 1984, the European penitentiary rules of 1987, the Set of the principles of protection of all persons subjected to the detention or imprisonment in any form accepted by the UN in 1989, etc.The principle of legality and other principles fixed in the above mentioned documents affect priority human rights of an imprisoned persons, which have to be fixed by all means in national legislation and be observed in law-enforcement practice. Even exceptional circumstances can’t form the basis for justification of tortures or other cruel, inhuman or degrading treatment or punishment (Art. 3 of the Convention on protection of all persons against tortures and other cruel, inhuman or degrading treatment or punishment).
Keywords:
the principle of legality, correctional facilities, pretrial detention centers, the penal legislation, the penal code, convicts, persons taken into custody, the staff of correctional facilities and pre-trial detention centers
the principle of legality, correctional facilities, pretrial detention centers, the penal legislation, the penal code, convicts, persons taken into custody, the staff of correctional facilities and pre-trial detention centers
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