The subject and scope of evidence in cases of administrative offenses in the activities of correctional institutions and pre-trial detention facilities of the penal system

For the first time the article scientifically formulated many components of improving the evidence base in cases of administrative offenses, in particular, examined the subject and scope of evidence in cases of administrative offenses in the law enforcement activities of penal institutions. In general terms the subject of proof establishes what is to be proved, and the limits of proof determine the necessary boundaries of proof in cases of interest to us. In a specific aspect the subject of proof is a system of facts and circumstances, the establishment of which is necessary for the proper resolution of the case, and the limits of proof represent their material and procedural expression, which allows us to draw reliable conclusions. In theoretical terms the limits of evidence in cases of administrative offenses in the activities of prisons represent a more specific material and procedural component related to the amount of evidence. The paper presents the results of a study of the practice of implementing evidence in cases of administrative offenses in the law enforcement activities of institutions and bodies of the Federal Penal Service of Russia and on the basis of this, it is concluded that, in order to ensure legality, prohibited items for convicts should be recorded in federal law (for example, Criminal executive code of the Russian Federation), and not in by-laws (internal rules of correctional institutions and pre-trial detention centers).

Keywords: subject; limits of evidence; cases of administrative offenses; institutions and bodies of the penal correction system; Federal Penal Service of Russia