RUSSIAN PENITENTIARY LAW

Aghayev I.B.
Russian Penitentiary law.
Textbook.
Leipzig: «Leipzig University Press», 2018.
380 pages. 33 quires.

The proposed book outlines in detail the issues of modern Russian penitentiary law and implies a great contribution to Russian and world legal science, because it represents the first book on Russian Penitentiary law, written in English. The need for the publication of this book derives from the interests of educational process, and highlights a need to elevate the Russian penal execution legislation to global scale, and consequently, to attract the world community’s attention to high degree of perfection of Russian legislation and Russian legal science.

A legal super-structure plays an important role in society, which includes rights, legal relations, legal ideas and views that are expressed in legal science. Legal science represents a part of scientific enterprise, which Marx called «a product of universal historical development expressing in the abstract its quintessence», and concerning which Engels wrote that the science is «whole area of knowledge». But none science, including legal one, can exist, unless its theoretical foundations are developed. Besides, a need of developing the scientific bases of any legal branch is featured by a number of other specific circumstances.

In the complex of inter-related legal branches regulating a systemic impact on crime an essential place belongs to penitentiary law. It enters a complex of branches of criminal cycle along with criminal law and criminal procedure law. Its institutes and norms contain basic provisions of State policy in the sphere of executing penal sanctions.

In modern conditions of national statehood, Russian penitentiary law changed radically its essential characteristics and expanded its subject as an independent branch of law and science, which includes: the concept, subject, method and principles of penitentiary law, its place in the law system; issues of convict’s legal status; relations between the State, represented by penal execution bodies and institutions, and convicts; the role and place of penitentiary institutions in the fight against crime; the effective penal execution norms and practice of their application; the functioning of both State, and non-State institutions and bodies executing punishments and other penal measures; the role and place of the public in penitentiary sphere; legal regulation of executing certain punishment types; legal regulation of the grounds and order for the exemption from punishment, assistance to persons, who have served their punishments, supervision  over the persons exempted early from penalty serving and over probationers; modern domestic problems of executing penal sanctions.

The proposed book comprises the clearly systematized statement of issues of the General and Special parts of Russian Penitentiary law. In its preparation a large number of scientific, legal and educational literature, Decrees of the Plenums of the Supreme and Constitutional Courts of the Russian Federation, laws of the Russian Federation and other normative regulations have been processed.

Normative and methodical bases of the book are as follows: the Constitution of the Russian Federation, the Penal Execution Code of the Russian Federation, the Criminal Code of the Russian Federation, international standards in the field of executing penal sanctions, monographs, textbooks, theses and scientific articles on specific topics and issues, as well as other methodical materials. The structure of the work corresponds to the structure of the Penal Execution Code of the Russian Federation.

CONTENTS

PREFACE – 15

I TITLE
FUNDAMENTALS OF RUSSIAN PENITENTIARY LAW

CHAPTER 1
THE CONCEPT OF RUSSIAN PENITENTIARY LAW –  21

§ 1. Penitentiary policy of the Russian Federation –  21
§ 2. The concept, subject and method of Russian Penitentiary law –  27
§ 3. The place of Penitentiary law in the law system –  30
§ 4. Principles of Russian Penitentiary law –  33
§ 5. The science of Penitentiary law –  41
§ 6. Subject, method and system of Penitentiary law course – 45

CHAPTER 2
PENAL EXECUTION LEGISLATION OF THE RUSSIAN FEDERATION –  47

§ 1. The concept and scope of Russian penal execution legislation –  47
§ 2. Goals and objectives of Russian penal execution legislation –  54
§ 3. Norms of Russian Penitentiary law –  58
§ 4. Penal execution law-relations – 64

CHAPTER 3
EXECUTION OF PUNISHMENTS AND MEANS FOR REFORMATION OF CONVICTS –  68

§ 1. The concept and grounds of the execution of punishments –  68
§ 2. The concept of reformation of convicts and its basic means – 72
§ 3. Differentiation and individualization of punishment execution and of applying measures of correctional influence –  78
§ 4. Analysis of convicts’ personalities – 80

CHAPTER 4
LEGAL STATUS OF CONVICTS –  87

§ 1.The concept of convicts’ legal status – 87
§ 2. Rights of convicts –  92
§ 3. Legitimate interests of convicts – 102
§ 4. Obligations of convicts – 103

CHAPTER 5
PENAL EXECUTION BODIES AND INSTITUTIONS, CONTROL OVER THEIR ACTIVITIES – 108

§ 1. The concept and types of penal execution bodies and institutions, their objectives – 108
§ 2. Legal status of the staff of penal execution bodies and institutions – 114
§ 3. Supervision over activities of penal execution bodies and institutions – 117

II TITLE
EXECUTION OF THE IMPRISONMENT

CHAPTER 6
GENERAL PROVISIONS OF IMPRISONMENT EXECUTION – 131

§ 1. The concept of imprisonment and execution thereof – 131
§ 2. Classification of persons sentenced to imprisonment – 136
§ 3. Sending of imprisoned persons to punishment serving – 143
§ 4. Admittance of convicts to penitentiary institutions – 148
§ 5. Change of a penitentiary institution – 150

CHAPTER 7
THE ORDER FOR PENALTY EXECUTION AND SERVING IN PENITENTIARY INSTITUTIONS – 156

§ 1. The concept of penitentiary institution regime –  156
§ 2. Internal regulations in penitentiary institutions –  160
§ 3. Maintenance of the order for penalty execution and serving in penitentiary institutions – 162
§ 4. Special confinement regime – 171

CHAPTER 8
PENALTY SERVING CONDITIONS IN PENITENTIARY INSTITUTIONS – 175

§ 1. Confinement conditions of imprisoned persons – 175
§ 2. Stay of imprisoned persons outside penitentiary institutions – 187
§ 3. Material, social and medical-Sanitary maintenance of convicts in penitentiary institutions –  190
§ 4. Penalty serving conditions of imprisoned adults – 198
§ 5. Penalty serving conditions in juvenile reformatories – 206

CHAPTER 9
DISCIPLINARY WORK WITH CONVICTS IN PENITENTIARY INSTITUTIONS  – 209

§ 1. The concept of disciplinary work with imprisoned persons – 209
§ 2. Incentives, applied to convicts in penitentiary institutions – 217
§ 3. Disciplinary penalties, applied to imprisoned persons – 221

CHAPTER 10
LABOUR AND EDUCATION OF CONVICTS IN PENITENTIARY INSTITUTIONS – 227

§ 1. Labour conditions of the persons sentenced to imprisonment – 227
§ 2. Remuneration of the labour of imprisoned persons – 235
§ 3. Professional training of convicts in penitentiary institutions – 238
§ 4. General secondary education of imprisoned persons – 242

III TITLE
EXECUTION OF THE ARREST

CHAPTER 11
THE PENALTY EXECUTION ORDER AND CONDITIONS OF THE ARREST – 247

IV TITLE
EXECUTION OF NON-CUSTODIAL PENALTIES

CHAPTER 12
EXECUTION OF PUNISHMENTS NOT INVOLVING OBLIGATORY LABOUR ACTIVITIES OF CONVICTS – 251

§ 1. Execution of fine – 252
§ 2. Execution of the deprivation of the right to hold certain offices or practice certain professions –  257
§ 3. Execution of the deprivation of special or military rank, or honorary title, qualification class or the State award – 262

CHAPTER 13
EXECUTION OF OBLIGATORY WORK AND CORRECTIONAL LABOUR – 266

§ 1. Legal characteristics of the execution of obligatory work – 266
§ 2. The essence and organization of executing correctional labour – 272
§ 3. Peculiarities of the legal status of persons serving obligatory work and correctional labour –  279

CHAPTER 14
EXECUTION OF THE RESTRICTION OF LIBERTY – 283

CHAPTER 15
EXECUTION OF COMPULSORY LABOUR –  289

§ 1. Legal characteristics of the execution of compulsory labour – 289
§ 2. The penalty serving order and conditions of compulsory labour –  291
§ 3. Disciplinary work with persons sentenced to compulsory labour –  296

V TITLE
EXECUTION OF PUNISHMENTS APPLIED TO THE MILITARY PERSONNEL

CHAPTER 16
SERVICE RESTRICTIONS FOR MILITARY SERVANTS –  301

CHAPTER 17
EXECUTION OF THE CONFINEMENT IN A DISCIPLINARY MILITARY UNIT –  308

§ 1. The concept of execution of the confinement in a disciplinary military unit –  308
§ 2. The penalty serving order and conditions of the confinement in a disciplinary military unit –  311
§ 3. Labour of convicted servicemen and disciplinary work with them in disciplinary military units –  317

VI TITLE
THE DEATH PENALTY

CHAPTER 18
THE CONCEPT AND EXECUTION OF THE DEATH PENALTY –  323

§ 1. The concept of the death penalty –  323
§ 2. Execution of the death penalty –  325

VII TITLE
EXEMPTION FROM PENALTY SERVING

CHAPTER 19
THE GROUNDS AND PROCEDURE FOR EXEMPTION FROM PENALTY SERVING –  327

§ 1. The concept of exemption from penalty Serving.
Exemption from penalty serving on obligatory grounds – 327
§ 2. Parole and commutation of the remaining part of a punishment – 333
§ 3. Exemption from penalty serving on the grounds of amnesty and pardon acts –  338
§ 4. Exemption from penalty serving on medical grounds – 345
§ 5. Deferral of penalty serving – 350

CHAPTER 20
SOCIAL ADAPTATION OF THE PERSONS SUBJECT TO EXEMPTION FROM PENALTY SERVING AND ASSISTANCE TO THEM – 356

§ 1. Social adaptation of the persons subject to exemption from penalty serving – 356
§ 2. Assistance to the persons subject to exemption from penalty serving in employment and accommodation – 360

CHAPTER 21
SUPERVISION OVER CONDUCT OF THE PERSONS EXEMPTED FROM PENALTY SERVING AND PROBATIONERS – 365

§ 1. Supervision over conduct of the persons exempted from penalty serving – 365
§ 2. Probationary punishment. Supervision over conduct of probationers – 369