Russian Federation
UDC 343.24
The active development of technical means necessitates a rethinking of their role in the penal system, moving beyond the traditional punitive approach. The problem lies in the absence of a unified theoretical approach to their use as a tool for ensuring a modern non-penitentiary regime that combines control and resocialization. The aim of the study is to prove the hypothesis that technical supervision means are a comprehensive tool ensuring the implementation of not only punitive but also preventive, managerial, and evidential functions of the non-penitentiary regime. Their multifunctional role in ensuring the non-penitentiary regime is substantiated. It is proven that their application forms an evidential basis for adjusting the execution of punishment and exerts a psychological preventive impact. The dispersion of legal norms regulating their use is revealed. The results can be applied in legislative activities to improve penal legislation, as well as in the practical work of penal inspectorates in organizing supervision. It is concluded that it is necessary to legislatively enshrine in the General Part of the Penal Code of the Russian Federation the goals, principles, and procedures for the use of technical supervision means. The research goal is achieved: the hypothesis is confirmed that technical means are a key element for ensuring the effectiveness and achieving the goals of the non-penitentiary regime.
technical supervision means, non-penitentiary regime, electronic monitoring, Penal Code of the Russian Federation, resocialization
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