DISCIPLINARY COERCION OF PERSONS IN CUSTODY IN SPECIAL INSTITUTIONS OF INTERNAL AFFAIRS BODIES: PROBLEMS OF LEGAL REGULATION AND WAYS TO OVERCOME THEM
Abstract and keywords
Abstract:
The article is devoted to the analysis of the order of detention in special institutions of the internal affairs bodies suspected and accused of committing crimes, as well as persons subjected to administrative arrest. The legal grounds for bringing these persons to administrative and disciplinary liability for committed violations of the internal regulations and conditions of detention are being studied, an attempt is made to distinguish between these types of legal liability. Based on a generalization of existing legislative gaps and legal unsettledness, a mechanism for overcoming them is proposed and the author's definition of the definition of «disciplinary offense» is put up for discussion.

Keywords:
special institutions of the internal affairs bodies, disciplinary offense, disciplinary responsibility, legality, administrative responsibility
Text
Text (PDF): Read Download
References

1. Noyanova O.E. Communication of convicts with the outside world as a means of their correction // Penitentiary system : present and future : collection of materials of the scientific and practical conference. M. : NII UIS of the Ministry of Justice of the Russian Federation, 2001.

2. Kazak B. B. Strategic management in the penitentiary system in the mechanism of implementation of the penitentiary policy : monograph / B. B. Kazak, A. V. Parshikov, I. N. Smirnova. Pskov : Pskov Legal Institute of the Federal Penitentiary Service of Russia, 2007.

3. Popova E. E. Public influence as the main means of correction of convicts: theory, legislation, practice : dis. ... doc. legal sciences. Moscow, 2021.

4. Federal Law of July 15, 1995 № 103-FZ «On the Detention of Suspected and Accused of Committing Crimes» // [Electronic resource] SPS «ConsultantPlus».

5. Federal Law of April 26, 2013 № 67-FZ «On the procedure for serving administrative arrest» // [Electronic resource] SPS «ConsultantPlus».

6. Grishin D. A., Dugenets A. S. Peculiarities of legal relations of administrative responsibility, emerging in the activities of bodies and institutions of the penitentiary system // Law enforcement. 2020. V. 4. № 4. P. 115‒123.

7. Rumyantsev N. V., Zhuravlev V. V. On the issue of administrative responsibility of persons serving sentences in institutions of the penitentiary system // Bulletin of the Perm Institute of the Federal Penitentiary Service of Russia. 2020. № 1 (36). P. 71‒75.

8. Order of the Ministry of Internal Affairs of the Russian Federation of May 5, 2012 № 403 «On the powers of officials of the system of the Ministry of Internal Affairs of Russia to draw up protocols on administrative offenses and administrative detention» // [Electronic resource] SPS «ConsultantPlus».

9. Federal Law of 07.02.2011 № 3-FZ «On the Police» // [Electronic resource] SPS «ConsultantPlus».

Login or Create
* Forgot password?