EARLY RELEASE OF A CONVICTED PERSON FROM SERVING A SENTENCE IN EXTREME CONDITIONS: SOME REGULATORY ISSUES
Abstract and keywords
Abstract (English):
Based on the analysis of the provisions of the Federal Constitutional Law «On the State of Emergency», the Criminal Code of the Russian Federation, the Penal Code of the Russian Federation and other normative legal acts, a number of shortcomings in the regulation of parole, replacement of the unserved part of the punishment with a milder one and release from punishment due to the illness of the convicted person, accepted by the court in extreme conditions, that is, when natural disasters occur or a state of emergency or martial law is imposed. The article focuses on a number of issues: suspension of the convict’s right to apply for early release, leaving the possibility of such treatment with the administration of the institution or body executing the punishment; attribution of the convict’s participation in emergency rescue and other urgent work to the criteria for parole or replacement of the unserved part of the punishment with a milder one; imputation of post-penitentiary responsibilities related to the elimination of the consequences of extreme conditions; etc.

Keywords:
early release from serving a sentence, state of emergency, natural disasters, regime of special conditions in a correctional institution, petition of the convicted person
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References

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