Кернаджук И.В

An object of research in the present article is the standards of criminal and executive law, regulating the purposes of criminal penalties and the criminal and executive right. The points of view of different authors on the legal nature of the purposes of punishments and their execution are investigated. The problem connected with the contradictions of activity of the bodies executing criminal penalties and the purposes enshrined in the criminal and executive and criminal legislation are exposed to anal-ysis. The authors consider the question from the point of view of legislative fixing of the purposes of punishments and their legal nature at realization by the subjects of management. В основе исследования лежит методы сравнения и анализа норм действующего российского законодательства, выявления пробелов в данном направлении, а также определения направлений совершенствования отдельных правовых норм в рассматриваемом контексте. As a basis of research are the methods of comparison and the analysis of standards of the existing Russian legisla-tion, identification of gaps in this direction and also definitions of the directions of improvement of separate precepts of law in the considered context. The main conclu-sions of the conducted research are suggestions for improvement of the norms of criminal legislation, regulating the purposes at appointment and execution of pun-ishments.

In this article, the issues related to the delineation of disorganization of the activities of correctional institutions providing isolation from the society from disciplinary violations of the order of serving punishment are considered. The problems connected with the delimitation of disorganization of the activities of correctional institutions securing isolation from the community from related crimes, such as the threats or violent actions in connection with the implementation of justice or preliminary investigation, causing harm to the health of different severity, the threat of murder or causing serious harm to the health, are being analyzed. Violence against representative of the authority is given. Difficulties in the application of the law are due to the fact that in the offense there may be signs of several norms, since the compositions of crimes that impose on the established procedure for the execution of punishment may, on the one hand, fall on some grounds, and on the other, differ. In some, the act contains the signs of crimes specified entirely in several norms, or in full, none of the norms cover it. The questions connected with a set of crimes are investigated, analyzing the qualifying signs of this crime.

This article examines the issues associated with the trans-fer of the colony's convicts has reached a fixed age in the colony of general regime, transfer of the convicted persons from educa-tional colony only in penal colony of general regime violates their right to change the type of correctional institution with more lenient conditions of detention, the role of convicts serving a sentence in a correctional colony of general regime for the crimes in the field of persons transferred from a correctional colony. Legislative measures to eliminate the negative conse-quences associated with the transfer of convicted persons from educational colony are proposed. The author comes to conclu-sion about the necessity of development of the state program of complex measures aimed at the successful social adaptation of this category of prisoners after release.

Determination of the sizes of a trial period at suspended condemnation causes many difficulties in the court. It is difficult to underestimate the value of a trial period in reformation of the convict. Its essence is that the time during which he has to prove the reformation is provided to the convict, and its feature is the possibility of real departure of punishment in a case of violation of the duties established by the court. The penalty of suspended condemnation is expressed in duration of a trial period and in the duties assigned to the convict by the court. According to the legislation, duration of a trial period depends on the personality guilty of commission of a crime. The analysis of jurisprudence shows that the persons who have committed crimes of small or average weight have to prove the reformation much longer, than the term of the imposed sentence, and the persons who have committed more serious crimes in the less short terms have to prove the reformation. Excessively the short trial periods lead to the fact that to the convict unreasonable softness from the state is shown. It involves impossibility of achievement of the objectives of criminal penalty and even if the objectives are achieved, they don't receive the due fixing in behavior of the person that leads subsequently to the repeated commission of crimes. In the present article the influence of a type of the imposed sentence and its size on duration of a trial period at suspended condemnation is investigated.

In the present article the questions connected with the nature of suspended condemnation are considered. The legal nature of suspended condemnation hasn't found accurate reflection in the criminal code of the Russian Federation. The community of suspended condemnation with punishment is shown that it provides the purposes of punishment and contains a coercion element. The author adheres to a position that suspended condemnation is a specific form of a parole from punishment. At the application of suspended condemnation and parole the court considers the character and degree of public danger, existence of the softening and aggravating circumstances. Similarity of suspended condemnation and parole is expressed in: analogousnesses of punishments to which they are applied; release from punishments; similarity of a trial period and a term of unexpired part of punishment; accounting of the identity of the convict and establishment of duties; to cancellation of a trial period and a term of unexpired part of punishment.