THE IMPERFECTION OF PENAL ENFORCEMENT AND OTHER LEGISLATION ON THE ASSESSMENT OF THE BEHAVIOR OF A CONVICTED PERSON AS A CORRUPTION FACTOR

The article identifies and analyzes the provisions of penal and other legislation that provide unnecessarily wide discretion or the possibility of choosing opposite decisions by correctional officers and judges when assessing the behavior of a person sentenced to imprisonment. It is concluded that the imperfection of penal enforcement and other legislation is a corruption-causing factor mainly when imposing penalties on a convicted person, changing the conditions of serving a sentence, recognizing him as a malicious violator of the established procedure for serving a sentence, as well as resolving the issue of his parole or replacing the unserved part of the punishment with a milder type of punishment.

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Publication Details

Journal
Penal law
Published
2024-10-22
DOI
https://doi.org/10.33463/2687-122x.2024.19(1-4).3.383-392
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

THE IMPERFECTION OF PENAL ENFORCEMENT AND OTHER LEGISLATION ON THE ASSESSMENT OF THE BEHAVIOR OF A CONVICTED PERSON AS A CORRUPTION FACTOR

Andrey Skiba
Penal law
Legal Studies and Policies
article

THE IMPERFECTION OF PENAL ENFORCEMENT AND OTHER LEGISLATION ON THE ASSESSMENT OF THE BEHAVIOR OF A CONVICTED PERSON AS A CORRUPTION FACTOR

Andrey Skiba
article en

Abstract

The article identifies and analyzes the provisions of penal and other legislation that provide unnecessarily wide discretion or the possibility of choosing opposite decisions by correctional officers and judges when assessing the behavior of a person sentenced to imprisonment. It is concluded that the imperfection of penal enforcement and other legislation is a corruption-causing factor mainly when imposing penalties on a convicted person, changing the conditions of serving a sentence, recognizing him as a malicious violator of the established procedure for serving a sentence, as well as resolving the issue of his parole or replacing the unserved part of the punishment with a milder type of punishment.

Penal lawVol. 19(3)
Academy of the Federal Security Service of the Russian Federation (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Legal Studies and Policies
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