Legal Techniques for Codifying the Principles of Penal Enforcement Law in the Legislation of Post-Soviet States

The research is relevant due to the lack of comparative research on the principles of penal enforcement law in post-Soviet states in the scientific literature. The purpose of the study is to reveal the distinctive characteristics of legal techniques for codifying the principles of penal enforcement law in the legislation of post-Soviet states. Research methods: the comparative legal method, enabling a comparative analysis of penal enforcement legislation across post-Soviet states, revealing common features and highlighting unique aspects; the formal-legal method facilitating the identification and analysis of legal concepts as formulated by the legislator. Results: The article proposes a definition of the principles of Russian penal enforcement law (penal enforcement legislation) based on positivist legal understanding, as fundamental ideas of legal regulation of penal enforcement relations, normatively enshrined and explicitly marked in Article 8 of the Penal Enforcement Code of the Russian Federation as principles of penal enforcement legislation. The article concludes that the Model Penal Enforcement Code for CIS member states of November 2, 1996, has a decisive influence on the enshrinement mechanism and the list of principles of penal enforcement law in post-Soviet states. The article demonstrates that, theoretically, the most optimal way for the Russian Federation to incorporate the principles of penal enforcement legislation is the method employed by the developers of the Penal Enforcement Code of the Kyrgyz Republic, with the Republic of Armenia’s model being more acceptable. The article offers questions for a public scientific discussion regarding the principles of penal enforcement legislation in the Russian Federation.