Legal regulation of the institution for changing detention conditions of persons deprived of liberty at the international level
Abstract and keywords
Abstract (English):
The article analyzes international standards in the field of changing the conditions of detention of persons sentenced to imprisonment. Proposals are made to optimize the Institute for changing the conditions of serving a prison sentence in the Republic of Belarus at the present stage. The analysis of international legal standards on the treatment of convicted persons (prisoners) allowed the author to draw the following conclusions. At the present stage of development, the international legal system is an independent, stable set of documents regulating legal relations in the penitentiary sphere. International standards in the field of imprisonment execution is clearly oriented States around the world to broaden the use of the progressive system of punishment is based precisely on changes of detention conditions and correctional institutions based on the behavior of the convicted person while serving a punishment. At the same time, it is pointed out that it is necessary to create conditions for expanding contacts with the outside world of persons serving sentences and maintaining their socially useful connections. The application of certain normative provisions of international standards in the process of changing the conditions of serving a sentence of liberty deprivation contributes to the achievement of the goals of criminal liability. Despite the advisory nature of the main part of international documents, the compilation of best practices and clarification of individual issues contributes to a uniform approach in law enforcement activity. In order to improve the efficiency of the penal system of the Republic of Belarus, it is rational to move from the recommendatory nature of the considered international standards to their mandatory implementation in law enforcement. This approach will definitely not entail significant material costs for the state, and the achieved results will undoubtedly contribute to improving the effectiveness of social adaptation and reintegration of convicts into society, strengthening the rule of law in correctional institutions and humanizing conditions of detention. The obtained conclusions can be used for further implementation of the requirements of the Penal Code, as well as the Development Concept of organizations of the penitentiary system and medical and labor dispensaries of the Ministry of Internal Affairs of the Republic of Belarus.

international standards, deprivation of liberty, convicted person, changes in the conditions of serving a sentence, the penal system, resocialization of convicts
Publication text (PDF): Read Download

1. Uzhakhov, A. S. 2018, ‘On the issue of fixing the prevention of crimes in international documents as the purpose of applying punishments’, Legal science: history and modernity, iss. 1, pp. 170–173.

2. Svinin, E. V. 2019, ‘Some issues of improving penitentiary law and order in the implementation of the Nelson Mandela Rules’, in United Nations standard minimum rules for the treatment of prisoners (the Nelson Mandela Rules) 2015: theory and practice of application: collection of scientific articles, pp. 145–150, Vologda Institute of Law and Economics of the FPS of Russia, Vologda.

3. Biryukova, E. Yu. 2012, Legal regulation and organization of social adaptation of minors convicted in preferential conditions of serving their sentences: PhD thesis (Law), Academy of the FPS of Russia, Ryazan.

4. Savushkin, S. M. 2013, ‘The role of European penitentiary rules in regulating the differentiation of persons sentenced to imprisonment’, Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions: historical, legal, theoretical and methodological aspects”, iss. 3, pp. 198–205, Academy of the FPS of Russia, Ryazan.

Login or Create
* Forgot password?