Problems of competition of the legal (procedural) status of a convict serving a punishment in the form of deprivation of liberty and procedural status of a suspect (the accused) in a new criminal case

The article is devoted to the analysis of legal conflicts of criminal-executive and criminal-procedural legislation arising when a convict is transferred from a correctional institution to a pre-trial detention center to participate in investigative actions or the trial as a suspect (the accused). By way of explanation, the procedure and conditions for the implementation of the rights of a convict serving a sentence in a correctional institution, and the procedure and conditions for the implementation of similar rights by suspects or accused held in a pre-trial detention center which demonstrate significant differences are given in the table. The author comes to the conclusion that the convict’s transfer from the prison to the detention center in accordance with Art. 77.1 of the Criminal Code of the Russian Federation worsens its legal status, restricts the possibility of exercising certain rights. On the basis of the current legislation and the author’s vision, ways of solving the problems under consideration are proposed.