独立国家联合体各国无护送行动制度的比较法律分析

N. V. Cheremin
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引用次数: 0

摘要

根据刑法执行制度的发展计划(到2030年采用新的发展概念,这反过来意味着建立一种联合类型的机构),发展无押解或押解罪犯的流动制度成为一个紧迫的问题。从识别国外积极经验的角度来看,研究独联体国家这一制度的发展是有科学意义的,因为这些国家的法律制度(法律制度、法律文化、法律实现)与我国的法律制度最为接近。在研究这一制度的过程中,作者得出的结论是,尽管俄罗斯联邦和前苏联各共和国的法律制度具有共性,但这些国家关于无护送行动制度的规范却得到了不同程度的发展。主要的研究工具是比较法。在此基础上,对所研究国家的立法进行了分析,确定了该制度的一般特征和特殊特征。根据所获得的数据,提交人建议考虑对《俄罗斯联邦刑事执行法典》第96条作出以下修订的可能性:取消禁止将感染艾滋病毒的罪犯转回BP的规定;为BP设定其他撤回期限,以便更详细地研究罪犯的性格;确定被定罪的人在没有陪同或陪同的情况下在联合调查团以外旅行的权利是由联合调查团团长的决定给予的,并经监督联合调查团法律执行情况的检察官同意;建立一项禁令,禁止之前因犯罪而被剥夺BP权利的囚犯撤离。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Comparative legal analysis of the institute of movement without convoy in the countries of the Commonwealth of Independent States
In the light of the planned course of development of the penal enforcement system (the adoption of a new development concept until 2030, which, in turn, implies the creation of a joint type of institution), the develop-ment of the institution of movement of convicts without escort or escort becomes an urgent issue. From the standpoint of identifying positive foreign experience, the study of the development of this institution in the countries of the Commonwealth of Independent States is of scientific interest, since the legal system of these countries (legal system, legal culture, legal realization) is closest to the legal system of our country. In the course of studying this institute, the author comes to the conclusion that, despite the commonality of the legal systems of the Russian Federation and the former republics of the Soviet Union, the norms governing the institution of movement without escort in these countries have received different levels of development. The main research tool was the comparative legal method. With the help of it, the general and special features of this institution were identified in the legislation of the countries studied. Based on the data obtained, the author suggests consi-dering the possibility of making the following amendments to Article 96 of the Criminal Executive Code of the Russian Federation: remove the ban on the withdrawal of HIV-infected convicts to BP; establish other deadlines for withdrawal to BP in order to study the convict's personality in more detail; to establish that the right to travel without escort or escort outside the IU is granted to the convicted person by the decision of the head of the IU, agreed with the prosecutor overseeing the enforcement of legality in the IU; to establish a ban on the withdrawal of convicts who were previously deprived of the right to BP for any offense committed.
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