Legal Monitoring of the Modern Penitentiary Process in Russian and Foreign Legal Systems

Abstract

This article explores human rights mechanisms as a set of international and domestic bodies that are legally authorized to perform oversight and supervisory activities for protecting the rights, freedoms, and legitimate interests of convicts. A classification of human rights mechanisms within the penitentiary system was given, taking into account the universal and regional value of Russian and international laws and their influence on the legal status of convicts serving their criminal sentences. A new type of legal process, (penitentiary) criminal enforcement, was proposed for future consideration and defined. The status of the cross-sectoral institution of death penalty was discussed from our own perspective on the matter. With regard to the primacy of international legal norms and treaties in expanding and upholding the rights, freedoms, and legitimate interests of convicts, it was concluded that the Russian legislative system has a legal axiom worthy of integration into other modern legal systems.

Keywords

• penitentiary system
• legal systems
• legal status of convicts
• legal monitoring
• human rights mechanism
• penitentiary process