Comparative legal analysis of the institute of movement without convoy in the countries of the Commonwealth of Independent States

Abstract

In the light of the planned course of development of the penal enforcement system (the adoption of a new development concept until 2030, which, in turn, implies the creation of a joint type of institution), the develop-ment of the institution of movement of convicts without escort or escort becomes an urgent issue. From the standpoint of identifying positive foreign experience, the study of the development of this institution in the countries of the Commonwealth of Independent States is of scientific interest, since the legal system of these countries (legal system, legal culture, legal realization) is closest to the legal system of our country. In the course of studying this institute, the author comes to the conclusion that, despite the commonality of the legal systems of the Russian Federation and the former republics of the Soviet Union, the norms governing the institution of movement without escort in these countries have received different levels of development. The main research tool was the comparative legal method. With the help of it, the general and special features of this institution were identified in the legislation of the countries studied. Based on the data obtained, the author suggests consi-dering the possibility of making the following amendments to Article 96 of the Criminal Executive Code of the Russian Federation: remove the ban on the withdrawal of HIV-infected convicts to BP; establish other deadlines for withdrawal to BP in order to study the convict's personality in more detail; to establish that the right to travel without escort or escort outside the IU is granted to the convicted person by the decision of the head of the IU, agreed with the prosecutor overseeing the enforcement of legality in the IU; to establish a ban on the withdrawal of convicts who were previously deprived of the right to BP for any offense committed.