criminally-executive law - a separate, independent branch.It arose from the need to consolidate the legal relations arising after the appointment of the person and of punishment for the purposes of criminal responsibility.
concept Penitentiary Law (the UIP)
It is a system of law governing the process and the order of execution of criminal sentences imposed by the court.
The subject of UTI include establishing:
- general principles and provisions of the penitentiary;
- about the work of all the bodies and institutions that execute punishment;
- about the participation of government agencies, local governments, other organizations and citizens to rectify the convicts;
- conditions and procedures for serving the punishment and execution, various means to rectify convicted;
- use of other prescribed measures of the Criminal Code of criminal law;
- order of exemption of the sentence, and the provision of assistance released.
For UTI most typical method is imperative, as contained in the law norms is mainly coercive inequality in connection with the subjects of legal relations.However, criminal law enforcement and involves the use of the disposition method when poduchetnomu person given some freedom of choice;and the method of promotion can be done when the abolition of certain restrictions, is replaced by a milder punishment.
purpose and objectives of the UTI
Goals - fix sentenced to various punishments, crime prevention.They are enshrined in Article 1 of the PEC.
Achieving the goals accomplished by solving:
- Regulate the order of serving and enforcement of sentences;
- determining the means of correction;
- protection of the rights, freedoms of convicts, their legitimate interests;
- assistance in adaptation.
Criminal executive law includes general, special and a special part.The first defines the principles, goals, objectives, structure and system of penal law, penal system bodies and institutions, the legal status of prisoners.The second contains the conditions and procedures for the execution of all types of punishment, order the release of, and control over the prisoners and help them.The special part includes the cooperation of the international legal character of the existing problems in connection with the execution of punishments.
- Humanism.Penitentiary Law establishes rules prohibiting the use of violence, torture and other cruel acts against prisoners.Provides various improvements and benefits for prisoners that do not violate the established order and discipline.This interest them law-abiding behavior, reduces the manifestations of discontent with their party.
- equality before the law.Persons serving a punishment, on an equal footing, regardless of race, nationality, religion, social status.
- individualization and differentiation of Corrections.Coercive measures and means of correction should be used rationally.Investigates the positive and negative aspects, and personality traits.At different stages of the convicts are differentiated due to health, age, the presence of family, profession, etc.
- Links punishment and corrective action.That is to attract the convicted to work, education, amateur and others.
- democracy.Select language treatment, unimpeded flow of complaints and others.
sources Penitentiary Law
Official documents of the competent authorities, containing legal standards.The most important source - the Constitution, which, along with the other contains penitentiary standards.The core is the PEC, which sets goals and objectives, principles UTI types and penal system agencies and other provisions.The sources are laws, regulations and presidential decrees, orders of the Government.