ON THE ISSUE OF LEGAL REGULATION OF SECURITY MEASURES APPLIED IN CORRECTIONAL INSTITUTIONS OF THE FEDERAL PENITENTIARY SERVICE

  • L.V. Lozhkina
    • Udmurt State University
Keywords: security measures, physical force, special means, weapons, correctional institutions, execution of punishment, imprisonment, convicts, security

Abstract

The issues of the application of physical force, special means, firearms to convicts in correctional institutions, designated by the legislator as security measures applied to convicts, are subject to research. Security in correctional institutions serves as a guarantee of ensuring legality and other fundamental principles in the process of execution and serving of punishment, and the measures proposed by the legislator make it possible to implement security guarantees for all subjects of penal law relations. The paper examines the grounds for the use of security measures established by Article 86 of the Criminal Code in relation to the articles of the Federal Law of 21.07.1993 "On institutions and bodies executing sentences in the form of deprivation of liberty" regulating similar social relations arising from the use of force, weapons and special means to convicts; attention is drawn to the inconsistency of the formulations proposed in the criminal code-the Executive Code and the Federal Law of 21.07.1993 and a suggestion was made about the need to bring them to a uniform form. The study is supported by the analysis of statistical data from the official website of the Federal Penitentiary Service, some of which are structured in tables. The author proposed to exclude the use by the legislator of the evaluation feature - other means of restricting mobility and to provide an exhaustive list of them.

References

Received 2022-07-15
Published 2022-10-05
Section
Jurisprudence
Pages
920-926