Implementation of equality principle of convicts under the law in the norms regulating the institution of convicts’ departure outside the penitentiary: some issues and ways to solve them

Abstract

One of the areas of effective legal regulation of penal legal relations is the compliance of lawmaking and law-enforcement activities with the requirements of the fundamental provisions of penal legislation. The object of the research is the implementation of the equality principle of convicts un-der the law through the consolidation of equal rights, duties and legitimate in-terests of convicts in the penal legislation. The subject of the research is the penal legislation norms governing the institution of the convicts’ departure outside the penitentiary. We indicate the connection of the phenomenon un-der study with the lawmaking and law-enforcement aspect of penal law. We outline some of the law-making and law-enforcement penal issues that are directly related to the consolidation and application of the penal legislation norms when granting convicts the right to leave the penitentiary to visit chil-dren. As a methodological basis for cognition, the following are used: general scientific methods of analysis, synthesis, induction, deduction, which make it possible to investigate aspects of penal legal reality directly related to the im-plementation of the principles of penal legislation, to formulate well-grounded conclusions; private scientific methods – formal legal and comparative legal – make it possible to identify problems of legal regulation, develop proposals for changing legislation. As a result of the study, we identify the penal legislation norms that contradict the equality principle of convicts under the law, and propose ways to eliminate the identified contradictions.