Principles of law enforcement discretion in individual regulation of legal relations arising in connection with execution of criminal penalties without isolation of convicted person from society

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The article deals with issues of law enforcement discretion in individual regulation of penal relations. Theoretical and practical aspects of this issue are analyzed, opinions of domestic and foreign authors on these issues are given. It is emphasized that some of them negatively assess the discretionary possibilities available to the enforcer, others on the contrary consider this phenomenon objectively existing and necessary. Subsequently, the work examines approaches to determining the essence, content and system of principles in the theory of law and criminal enforcement law. n addition, attention is drawn to the main principles operating for employees of the penal system, which are enshrined in the legislation of the Russian Federation. Based on this material, taking into account the existing lacunae in the content of the current law, the study formulated principles that complement the current ones, which provide certain guidelines for entities participating in the implementation of the norms of criminal and penal enforcement legislation governing the execution of sentences without isolating convicts from society and other criminal legal measures, as well as proposed short stories that will optimize the activities under consideration.

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Law enforcement discretion, penal relations, convict, penalties without isolation from society

Короткий адрес: https://sciup.org/140290396

IDR: 140290396   |   DOI: 10.51980/2542-1735_2021_3_147

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