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
Lecturer of the Department of Penal Law of
the Penal Department of the Academy of the Ministry of Internal
Affairs of the Republic of Belarus.
, e-mail firstname.lastname@example.org
1. Babayan S. L. Pravovoe regulirovanie pooshchritel’nyh institutov ugolovno-ispolnitel’nogo prava (istoricheskij aspekt)
[Legal regulation of incentive institutions of penal law (historical aspect)]. Istoriya gosudarstva i prava – History of State and
Law, 2012, no. 17, pp. 37–41. (In Russ.).
2. Kuleshova N. N., Rodionov A. I., Hristoforova E. I. Rezhim ispravitel’no-trudovyh lagerej (SSSR 1929–1941) kak
formaciya, zakreplyayushchaya ogranicheniya prav grazhdan [The regime of forced labor camps (USSR 1929–1941) as a
formation fixing the restrictions on the rights of citizens]. Ryazan, 2015. 103 p. (In Russ.).
3. Gorlov A. G. (red.) Organy i vojska MVD Rossii. Kratkij istoricheskij ocherk [Bodies and troops of the Ministry of Internal
Affairs of Russia. A brief historical outline]. Moscow, 1996. 464 p. (In Russ.).
4. Pertli L. F. Obshchaya tyuremnaya instrukciya 1915 goda kak istoriko-pravovaya osnova penitenciarnogo zakonodatel’stva
[The general prison instruction of 1915 as the historical and legal basis of penal legislation]. Vestnik Vladimirskogo
yuridicheskogo institute – Bulletin of the Vladimir Law Institute, 2012, no. 2, pp. 199–206. (In Russ.).
5. Sergeev A. I. Mezhparlamentskaya Assambleya SNG kak faktor ukrepleniya integracionnogo vzaimodejstviya [CIS
Interparliamentary Assembly as a factor in strengthening integration interaction]. Dialog: politika, pravo, ekonomika –
Dialogue: politics, law, economics, 2017, no. 1, pp. 12–25. (In Russ.).
6. SHarkov A. V. Ugolovno-ispolnitel’naya sistema Respubliki Belarus’: istoriya i sovremennost’ [The penal system of the
Republic of Belarus: history and modernity]. Minsk, 2010. 322 p. (In Russ.).