Пенитенциарная наука (Sep 2023)
Control, Supervisory and Jurisdictional Powers of the Federal Penitentiary Service as a Direction of Administrative and Legal Protection of Russian Penitentiary Institutions
Abstract
Introduction: the article considers legal regulation of the jurisdictional powers of special structural units of the Federal Penitentiary Service in the process of implementing control and supervisory activities in the territories and facilities of the Russian penal system. Purpose: to present theoretical and legal understanding of the implementation of control and supervisory activities in territories and objects of the Russian penal system. Methods: general scientific methods of cognition (analysis, synthesis, induction and deduction), special methods of legal science (comparative legal and normative-logical), individual private methods of social sciences. Results: the issues of combining of control and supervisory functions in the activities of special structural units of the Federal Penitentiary Service are studied, and their role as one of the main directions of administrative and legal protection of objects of the Russian penal system is indicated. The problems of legal regulation and practice of implementation of jurisdictional powers by the subjects of control and supervisory activity applicable to the sphere of execution of criminal penalties are analyzed. Conclusion: proposals regarding regulation of administrative and jurisdictional powers of special structural units of the Federal Penitentiary Service are formulated. The following characteristics of control and supervisory activities of the penal system are identified: it is carried out taking into account the specifics of the sphere of public relations in which it is implemented; it combines elements of control and supervision; it has a complex nature of action; it is carried out by specially authorized structural units of the Federal Penitentiary Service; supervisory activity is implemented within the framework of the external activities of authorized subjects of the Federal Penitentiary Service, while the control is of an intra-system (intra-departmental) nature; it is the most important form of the implementation of administrative and jurisdictional activities in the sphere of public relations under consideration.
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