Уголовное наказание: понятие, система, объект назначения, состав отбывания. Монография

XIII. It is necessary to make amendments and additions to the Part 3 Article 23 of the Federal Law “on Service Commitment and Military Duty” on March 28, 1998, № 53-ФЗ, and formulate it this way, “Citizens, servicing a penalty in the form of compulsory, correctional working, limitation of freedom, arrest or freedom deprivation are not to be called for military service. Also, the citizens, who serve the penalty in the form of a fine or deprivation of right to take some positions or restriction of activities, are not to be called for military service in definite military elements”;

XIV The contents of servicing the criminal penalty should be understood as a complex of law-provided objective and subjective features (elements), characterizing servicing the measure of a state compulsion as servicing a definite type of penalty;

XVI The object of servicing the penalty is understood as elements of the legal status (situation) of the convict, i. e. rights, obligations and legal interests of the convict, defined by the court to undergo the penal impact on the side of an institution or an organ, or an official, executing a criminal penalty;

XVI. The conducted analysis of the objects of servicing the criminal penalty showed out the number of problems to be mentioned: first, definite rights, obligations and legal interests of the convict, defined by the court, could not undergo the penal impact; second, some rights, obligations and legal interests of the convict, defined by the court to undergo the penal impact are to be updated according to the changing conditions.

XVII. Objects of servicing the penalty, i. e. rights, obligations and legal interests of the convict, defined by the court to undergo the penal impact from the institution or an organ, official, executing the criminal penalty, depending on the sphere of legal regulations, could be classified into three groups: 1) rights, obligations, legal interests of the convict, provided by the Criminal Code of the Russian Federation; 2) rights, obligations, legal interests of the convict, provided by the criminal executional legislation; 3) rights, obligations, legal interests of the convict, provided by the Federal legislation;

XVIII. Rights, obligations and legal interests of the convict, defined by the court to undergo the penal impact, depending to the specific features of the character, could be divided into general and special. General rights, obligations and legal interests are those, which undergo the penal impact in case any type of the penalty is undergone. Special rights, obligations and legal interests of the convict, defined by the court to undergo the penal impact, are those, which characterize specific types of penalty;

XIX. The objective side of servicing the penalty is a complex of features, characterizing the outer side of servicing the penalty. The objective side of the penalty includes the following features: 1) undergoing the penal impact, encroaching this or that object; 2) the arrived consequences in the form of deprived, limited, interchanged or amended rights, obligations and legal interests of the convict; 3) the causal interdependence between the process of undergoing the penal impact and the arrived consequences of the convict; 4) order and conditions, and place, term, means and a way of undergoing the penal activity (servicing the sentence);

XX. Undergoing the penal activity is a process, as a result of which the convict undergoes the deprivation, limitation, exchange and amendments of rights, obligations and legal interests. In its criminal executive sense, the undergoing of the criminal penalty has a number of psychological and legal features: 1) eligibility; 2) unavoidability; 3) criminal penological safety;

XXI. The order of servicing the penalty should be understood as a provided by the criminal executive legislation systematic process, characterized by a definite sequence, a systematic process of servicing the penalty. Conditions of servicing the penalty represent rules of conduct by the subjects of penalty servicing, provided by the criminal executional legislation, along with the situation, circumstances, medium within the penalty servicing. The situation of the penalty servicing is a complex of aspect, forming the possibility of servicing the penalty. The circumstances of penalty servicing are features, which come along and are interdependent with servicing the penalty. The medium of servicing the penalty is things, accidents, etc., surrounding the convict;

XXII. It is necessary to distinguish between two types of the regime: 1) regime of executing the penalty – which represents a fixed order of penalty execution; 2) regime of servicing the penalty – is a fixed order of penalty servicing. These types of regimes differ from each other in their contents, character, features of legislative regulation, etc.;