UDK 343.8 Исполнение наказания. Предупреждение преступлений
The article is devoted to the problems of realization of legal advantages within the framework of the legal status and legal status of persons sentenced to imprisonment. The author, based on the available scientific points of view, comes to the conclusion that it is necessary to fully incorporate legal advantages into the content of the legal status and legal status of convicts through normative legal consolidation. Proper regulatory regulation of legal advantages will help to minimize risks and negative consequences in ensuring the rights of convicts. Modern general scientific and special methods of cognition were used in the work: analysis, synthesis, historical and legal, structural and functional, normative and logical, complex. At the same time, the article reflects the author’s subjective position on this issue.
legal advantages, convicts, imprisonment, legal status, legal status, penal enforcement system, rights, duties, legitimate interests, regime
1. Golovastova, Yu. A. 2017, Penal enforcement law as a branch of Russian law: a modern view: monograph, Jurisprudence, Moscow.
2. Romashev, R. A. 2013, ‘Theory of the legal status of convicts’, Bulletin of the Kuzbass Institute, iss. 3, pp. 21–29.
3. Polosukhina, O. V. 2021, ‘The concept, meaning and features of the legal status of convicts’, Penal law, vol. 16(1-4), iss. 4, pp. 442–448.
4. Kruglov, V. G. 2004, The genesis of the legal status of those sentenced to imprisonment in the Russian state (1917–1997): PhD thesis (Law), Vladimir.
5. Tokubaev, Z. S. 2009, The legal status of persons sentenced to imprisonment under the legislation of the Republic of Kazakhstan: Sc.D thesis (Law), Karaganda.
6. Minyazeva, T. F. 2001, Problems of the legal status of the personality of convicts in the Russian Federation: Sc.D thesis (Law), Moscow.
7. Filchenko, A. P. 2014, The emergence, mitigation and termination of criminal liability (problems of sectoral and intersectoral misalignment): monograph, Yurlitinform, Moscow.
8. Seliverstov, V. I. 1992, The legal status of persons serving sentences (theory and applied problems): Sc.D thesis (Law), Moscow.
9. Minyazeva, T. F. 2001, The legal status of the personality of convicts in the Russian Federation: monograph, Norm, Moscow.
10. Bondarenko, M. V. 2002, General theoretical issues of the legal status of convicts: PhD thesis (Law), Stavropol.
11. Zhirov, I. I. & Abazov, R. M. 2018, ‘On the issue of the content of the legal status of persons sentenced to imprisonment’, Domestic Jurisprudence, iss. 7, pp. 70–73.
12. Repyev, A. G. 2020, Advantages in Russian law: theory, methodology, technique: Sc.D thesis (Law), Saratov.
13. Repyev, A. G. 2018, Advantages in law: general theoretical aspect: monograph, A. S. Mordovets (ed.), Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul.
14. Repyev, A. G. & Repyeva, A.M. 2015, ‘Legal advantages as an element of the special legal status of a convicted woman’, Penal law, iss. 4, pp. 24–29.
15. Seliverstov, V. I. 1992, Theoretical problems of the legal status of persons serving sentences: monograph, Academy of the Ministry of Internal Affairs of Russia, Moscow.
16. Sizy, A. F. 1995, Incentive norms of penal enforcement law as a means of forming lawful behavior of convicts (problems of theory and practice): Sc.D thesis (Law), Moscow.
17. Rybakov, V. A., Tolkachev, K. B. & Khabibulin, A. G. 1991, Formation of lawful behavior of persons sentenced to imprisonment (issues of theory and practice): monograph, Ufa.
18. Struchkov, N. A. & Papuashvili, A. V. 1985, Regime in correctional labor institutions and its legal regulation: textbook, Ryazan.