UDK 34 Право. Юридические науки
On the basis of a common definition of a system as a set of elements which are in close connection with the environment, forming a certain integrity, unity, the author proves the existence of a progressive system of enforcement and serving of criminal punishments and measures of criminal and legal character or the sort of individual progressive system of legal institutions with resources and individual substantive and procedural content.In the classical sense the scientists include the following elements of progressive system of execution and serving of sentences: 1) the Institute of changing the conditions of convicts’ de- tention in the same correctional institution both for improvement and for deterioration; 2) chang- es of correctional institution type for weakening the type of regime, and for strengthening; 3) replacement of one criminal punishment by another in the process of its execution; 4) parole.The named elements in the author’s interpretation are subsystems of a progressive sys- tem of imprisonment for a certain period. Each element is a kind of progressive system in a small particular legal institution. Replacement of one element (subsystem) by another element (subsystem) in a particular progressive system may be associated with the assessment of the behavior of the person to whom the action of the element (subsystem) where he is present.The model of the progressive system of the legal institution may include its own elements (sub- systems) characterized by individual substantive and procedural content in the form of grounds and conditions of its application; the procedure for its application; the period of its execution and serving; the order of its execution and serving; cancellation of its execution and serving; the legal status of persons participating in the procedure of its application and enforcement (court, prosecutor, institution administration, the authority executing the criminal punishment or measure of criminal-legal character - the subjects of the respective subsystem), including their activities (for example, correctional activities); the legal status of persons participating in the application procedures and serving (conditionally convicted person; convicted person; person conditionally released from serving a sentence - the object subsystem), etc.Within the framework of legal institution progressive system separate systems may exist, they improve or worsen the legal status of the object (system).Progressive systems of legal institutions are interconnected and subjected to a global pro- gressive system. For example, the systems of changing the conditions of detention and chang- ing the type of correctional facility are mutually complementary and inseparable from the pro- gressive system of execution and serving of a term of imprisonment.In the study of the progressive system of conditional sentence it is established that the ab- olition of conditional sentence due to non-compliance with the conditions of a convict’s trans-fer to a correctional institution is a transitional system. The transitional progressive system (“inter-system” system) as a model of transition from the execution and serving of one type of a sentence to another one refers both to the system of conditional conviction and to the system of deprivation of liberty for a certain period of time. In our view, the conduct of a con- victed person before his transfer to a correctional institution should be taken into account. For this purpose it is necessary to fix a special model of a progressive system of changing the conditions of detention in the norms of the penal code of the Russian Federation which includes elements of additional tests for convicts who have neglected the trust of the law enforcement officer.Thus, progressive systems of enforcement and serving of criminal punishments and meas- ures of criminal legal nature have the combination of their individual progressive systems of legal institutions interrelated and characterized by the stages of individual substantive and pro- cedural content. At their application (for the purpose of law-abiding behavior stimulation social recovery of the personality and prevention of Commission of offenses and crimes statement of the purposes can be corrected) changes (improves or worsens) legal position of object of system (conditionally condemned; condemned; the person who is conditionally released from punishment serving).
element, system, progressive system, stages, execution, serving, content, crim- inal penalty, criminal legal measures, deprivation of liberty, probationer, convict, legal status, penal law
1. Sostoyanie prestupnosti uslovno osuzhdennyh: federal'nyy i regional'nyy aspekty / O. N. Ageeva i [dr.] // Vserossiyskiy kriminologicheskiy zhurnal. 2016. T. 10. № 4. S. 682-700
2. Gorban' D. V. Pravovoe regulirovanie prozhivaniya osuzhdennyh za predelami ispravitel'nyh uchrezhdeniy : avtoref. dis. … kand. yurid. nauk. Ryazan', 2014. 23 s
3. Gorban' D. V. Progressivnaya sistema otbyvaniya nakazaniy, ne svyazannyh s lisheniem ili ogranicheniem svobody, v rossiyskom ugolovno-ispolnitel'nom zakonodatel'stve // Koncept. 2016. T. 15. S. 316-320
4. Gorban' D. V. Sovremennye podhody k izucheniyu progressivnoy sistemy ispolneniya i otbyvaniya nakazaniy // Rossiyskiy zhurnal pravovyh issledovaniy. 2016. № 2(7). S. 207-215
5. Lyadov E. V. Uslovnoe osuzhdenie k lisheniyu svobody kak institut ugolovnogo i ugolovno-ispolnitel'nogo prava : avtoref. dis. … kand. yurid. nauk. Ryazan', 2001. 23 s
6. Propostin A. A. Progressivnaya sistema ispolneniya lisheniya svobody v svete koncepcii ugolovno-ispolnitel'noy sistemy // Vestnik Tomskogo gosudarstvennogo universiteta. Pravo. 2012. № 2(4). S. 45-54
7. Rahmatulin Z. R. Usloviya otbyvaniya ogranicheniya svobody kak elementy progressivnoy sistemy dannogo nakazaniya // Epoha nauki. 2015. № 2. S. 31-33
8. Surnin Yu. P. Teoriya sistem i sistemnyy analiz : ucheb. posobie. Kiev, 2003. 368 s
9. Tyufyakov N. A. Izmenenie vida ispravitel'nogo uchrezhdeniya dlya osuzhdennyh k lisheniyu svobody : avtoref. dis. … kand. yurid. nauk. Omsk, 2018. 23 s
10. Utkin V. A. Ugolovno-ispolnitel'naya deyatel'nost' i predmet ugolovno-ispolnitel'nogo prava // Ugolovno-ispolnitel'noe pravo. 2016. № 2(24). S. 39-43
