On the Legal Status of Persons Sentenced to Imprisonment Involved in Investigative Actions and Court Proceedings

The article deals with the actual problem of the implementation of some rights of convicts sentenced to imprisonment, with serving a sentence in a correctional colony, left in a pre-trial detention center or transferred to it to participate in investigative actions or court proceedings. The norms of penal enforcement and criminal procedure legislation in the implementation of some rights of this category of convicts differ in the procedure and conditions for their implementation, require concretization and definition priority of the branch of legislation in their application. The methodological basis of this work consists of general scientific methods (analysis, abstraction, deduction, induction, synthesis, generalization) and special scientific methods (comparative-legal, formal-legal). A comparative characteristic of the application of the norms of the penal legislation, as well as the norms of the Federal Law “On the detention of suspects and accused of committing crimes” in the exercise of the rights to a long visit and material and living support of those sentenced to imprisonment, left or transferred to a pre-trial detention center to participate in investigative actions and trials, is carried out. Analysis of judicial practice related to the implementation of such rights, made it possible to identify trends towards the priority of application of the norms of criminal executive or procedural legislation. The author has come to the conclusion that persons sentenced to imprisonment who have been left or transferred to a pre-trial detention center to participate in investigative actions and court proceedings have a dual legal status. As persons sentenced to imprisonment by a court sentence, they are subject to the legal status regulated by the norms of the penal legislation. Then they are subject to the Federal Law “On the Detention of Suspects and Accused of Committing Crimes”, as well as criminal procedure legislation. Consequently, they become the owners of the second legal provision – criminal procedure. The implementation of some rights and legitimate interests of convicts is associated with the emergence of a conflict of legal norms of criminal executive and criminal procedure legislation, requires concretization and determination of the priority of the branch of legislation in their application.