Changing the conditions of serving imprisonment in the legislation of the Republic of Belarus: historical aspect
In the process of executing imprisonment the discussion point is the relationship between punitive and correctional components. This requires optimizing the mechanism of educational influence, strengthening the role of motivation for the lawful behavior of convicts and their personal interest in achieving a certain degree of correction. The implementation of the indicated position is possible only with a comprehensive and consistent transformation of such an institution of imprisonment as changing the conditions for serving a sentence, which is an important element of a progressive system. A retrospective analysis of the penal legislation shows the dynamics of expressing the legal status of persons sentenced to imprisonment at the normative level in various historical periods of Belarus. In particular he demonstrates how the legislator built into the procedure for the execution of sentence the mechanism for changing the nature and extent of legal restrictions on a person sentenced to imprisonment. Despite the long history of the existence of prisons the institution of changing the conditions of serving a sentence of imprisonment has been functioning in the penal legislation and practice of Belarus relatively recently. Using the historical method allows us to determine a number of stages in the formation and development of the institution in question. During the study the following results were obtained: – a retrospective analysis of the institution of changing the conditions of detention and the type of correctional institution sentenced to imprisonment was carried out; – the forms of implementation of the progressive system in various historical periods are noted; – patterns of formation and stages of development of legislation in the field of regulation of changes in the conditions of prisoners sentenced to imprisonment and type of correctional institution were identified.
Keywords: imprisonment; conditions of serving a sentence; progressive system; principle of differentiation and individualization
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