LEGAL STATUS OF THE ADMINISTRATIVE DEFENDANT AT ESTABLISHMENT OF POST-PENITENTIARY CONTROL
Journal: PENAL LAW
Volume 12 № 3
, 2017
Rubrics: ASSISTANCE TO RELEASED CONVICTS
Authors:
1.
Kirovskiy institut povysheniya kvalifikacii rabotnikov FSIN Rossii
Type:
Article
Pages:
from 312
to 316
Status:
Published
Received:
28.09.2017
Accepted:
28.09.2017
Published:
28.09.2017
Subject area:
UDK 343.843
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
post-penitentiary control, police, subsupervising person, recurrent crime, prophylaxis of crimes, criminal record, administrative supervision, correctional facilities, lawyer, administrative defendant
Abstract (English):
An object of research are the public relations arising within establishment of administrative supervision of the persons released from places of detention of the penal system of Russia.The author in detail analyzes the current problems arising by consideration of the administrative statement of claim in court regarding definition of a legal status of the administrative defendant. Special attention is paid to questions of a modern legislative regulation of the precepts of law regulating an order of establishment of administrative supervision of the persons released from places of detention; the legal collisions arising at the law enforcement official at permission of questions in the field of realization of post-penitentiary control are analyzed.Investigating the mechanism of establishment of administrative supervision of the persons released from places of detention the author claims that provisions of article 77.1 of the Penal Code of the Russian Federation don't exclude a possibility of participation of the convict in court session as the party of process on consideration of administrative cases for implementation of protection of the rights, freedoms and legitimate interests and also achievement of the goals of justice. Article is written for the purpose of definition of a legal status of the administrative defendant in administrative legal proceedings, therefore, the main scientific method used by the author in scientific work is the system analysis. The argument is based on the principles of a legallistic method and method of comparative jurisprudence.Analyzing jurisprudence and activities of law enforcement agencies for use of rules of law in the field of administrative supervision of the persons released from places of detention, the author defines an order which observance is a necessary and indispensable condition in the organization of activity of subjects of post-penitentiary control. At the same time offers the new ways and ways of realization of post-penitentiary control at various stages of his establishment aimed at providing strict observance of legality in activity of the courts and law enforcement agencies.The scientific novelty of a research is caused by theoretical and applied value in the field of creation of effective system of prevention of post-penitentiary crime by means of realization of institute of administrative supervision of the persons released from places of detention.
An object of research are the public relations arising within establishment of administrative supervision of the persons released from places of detention of the penal system of Russia.The author in detail analyzes the current problems arising by consideration of the administrative statement of claim in court regarding definition of a legal status of the administrative defendant. Special attention is paid to questions of a modern legislative regulation of the precepts of law regulating an order of establishment of administrative supervision of the persons released from places of detention; the legal collisions arising at the law enforcement official at permission of questions in the field of realization of post-penitentiary control are analyzed.Investigating the mechanism of establishment of administrative supervision of the persons released from places of detention the author claims that provisions of article 77.1 of the Penal Code of the Russian Federation don't exclude a possibility of participation of the convict in court session as the party of process on consideration of administrative cases for implementation of protection of the rights, freedoms and legitimate interests and also achievement of the goals of justice. Article is written for the purpose of definition of a legal status of the administrative defendant in administrative legal proceedings, therefore, the main scientific method used by the author in scientific work is the system analysis. The argument is based on the principles of a legallistic method and method of comparative jurisprudence.Analyzing jurisprudence and activities of law enforcement agencies for use of rules of law in the field of administrative supervision of the persons released from places of detention, the author defines an order which observance is a necessary and indispensable condition in the organization of activity of subjects of post-penitentiary control. At the same time offers the new ways and ways of realization of post-penitentiary control at various stages of his establishment aimed at providing strict observance of legality in activity of the courts and law enforcement agencies.The scientific novelty of a research is caused by theoretical and applied value in the field of creation of effective system of prevention of post-penitentiary crime by means of realization of institute of administrative supervision of the persons released from places of detention.
Keywords:
post-penitentiary control, police, subsupervising person, recurrent crime, prophylaxis of crimes, criminal record, administrative supervision, correctional facilities, lawyer, administrative defendant
post-penitentiary control, police, subsupervising person, recurrent crime, prophylaxis of crimes, criminal record, administrative supervision, correctional facilities, lawyer, administrative defendant
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