THE CONCEPT AND LEGAL NATURE OF THE INSTITUTION OF EXEMPTION FROM SERVING A SENTENCE OF IMPRISONMENT DUE TO ILLNESS
Abstract and keywords
Abstract (English):
The study of the legal nature of the institution of early release from serving a sentence of imprisonment due to illness is of great importance for the theory of criminal and penal law. The aim set by the authors is to identify the interrelationship of signs characteristic of the institution of exemption from serving a sentence of imprisonment due to illness, and to determine its place in the structure of legal institutions. The methods used by the authors to achieve scientific results (dialectical, comparative legal, formal legal, systemic, as well as deduction and induction techniques) allowed us to formulate conclusions about the comprehensive regulation of the institution of release from punishment due to illness and pointed to its independence in the structure of other institutions of early release from punishment. In addition, a number of distinctive features have been identified that determine the features of the institution of exemption from punishment in the form of imprisonment due to illness.

Keywords:
institution of early release from punishment, legal nature, illness of the convicted person
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References

1. Sharipov, T. S. 2008, Conditional release from serving a sentence: problems of theory, legislation and practice: based on the materials of the Republic of Tajikistan: PhD thesis (Law), Moscow.

2. Tkachevsky, Y. M. 1970, Release from serving a sentence, Legal literature, Moscow.

3. Skiba, A. P. 2011, ‘Release from serving a sentence due to the illness of a convicted person: problems of intersectoral regulation’, Man: crime and punishment, iss. 3(74), pp. 51–54.

4. Skiba, A. P. 2017, ‘The legal status of a convicted person upon early release from serving a sentence due to illness’, Legal science and law enforcement practice, iss. 2(40), pp. 104–108.

5. Efremova, I. A. 2018, Institute of release from punishment in the theory of criminal law, legislative and judicial practice: Sc.D thesis (Law), Saratov.

6. Kelina, S. G. 1970, ‘The concept and types of exemption from criminal liability and punishment’, in Course of Soviet Criminal Law, p. 193, Nauka, Moscow.

7. Efimov, M. A. 1958, ‘Some issues of parole and early release’, Jurisprudence, iss. 1, pp. 84–94.

8. Klipov, S. A. 2012, Control over persons released from correctional institutions: PhD thesis (Law), Krasnodar.

9. Yuzhanin, V. E. 2019, ‘Prospects for expanding the subject of the branch of penal enforcement law’, Lex Russica, iss. 10(155), pp. 114–122.

10. Utkin, V. A. 2016, ‘Penal enforcement activity and the subject of penal enforcement law’, Penal law, iss. 2(24), pp. 39–43.

11. Babayan, S. L. 2012, ‘Some issues of the application of the intersectoral incentive institute for parole from serving a sentence’, Man: crime and punishment, iss. 3(78), pp. 35–39.


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