Principles of penal law and problems of guaranteeing the rights of convicts

O. A. Adoyevskaya
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Abstract

The article identifies and analyzes the problems of guaranteeing the rights of convicts in connection with the principles of penitentiary law. The author comes to the conclusion that not all general and special rights of convicts are guaranteed by the penitentiary legislation in accordance with the principles of penitentiary law. In order to implement the principle of humanism and prevent treatment that degrades human dignity, it is necessary to fix at the legislative level measures that prevent overcrowding of institutions of the penitentiary system. The article analyzes international and foreign experience in terms of developing communications of convicts sentenced to deprivation of liberty with the outside world. The necessity of increasing the number of long-term and short-term visits for persons serving sentences in ordinary and light conditions of correctional colonies is substantiated. Increasing the number of visits and telephone conversations for convicts with relatives will contribute to maintaining family ties and successful resocialization practices. It is proposed to include in the educational programs of the School for Preparation for Release in Correctional Institutions topics devoted to technologies for the restoration and development of socially useful ties of convicts. It is concluded that in the formation and implementation of the penitentiary policy, it is necessary to comply with the principles of national penitentiary law and the generally recognized principles of international law, as well as ensuring the compliance of penitentiary norms of the practice of their application with constitutional provisions.
刑法原则与罪犯权利保障问题
本文结合监狱法原则,对罪犯权利保障问题进行了识别和分析。作者的结论是,根据监狱法的原则,并不是所有罪犯的一般权利和特殊权利都得到监狱立法的保障。为了执行人道主义原则和防止损害人的尊严的待遇,必须在立法一级确定防止监狱系统机构过度拥挤的措施。本文从发展剥夺自由罪犯与外界的交往方面,分析了国际和国外的经验。有必要增加在普通和较轻的教养所条件下服刑的人的长期和短期探视次数。增加犯人与亲属的探视和电话交谈次数,将有助于维持家庭关系和成功的重返社会做法。建议在惩教机构释放准备学校的教育计划中包括专门研究罪犯恢复和发展社会有用关系的技术的主题。结论是,在制定和执行监狱政策时,必须遵守国家监狱法的原则和公认的国际法原则,并确保监狱规范及其适用的实践符合宪法规定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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