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Malin P.M. [Transfer of a convict from a correctional colony to a general regime penal colony, in the context of a progressive system of execution and serving of imprisonment] Political Science and Technology, 2025, Vol. 5, Iss. 2 Available at: https://politicjournal.ru/PDF/04PK225.pdf (in Russian).

Transfer of a convict from a correctional colony to a general regime penal colony, in the context of a progressive system of execution and serving of imprisonment

Malin Petr Mikhailovich
Kuban State Agrarian University named after I.T. Trubilin, Krasnodar, Russia
E-mail: malin.peter@yandex.ru

Abstract. The scientific article examines a number of problems of legal regulation concerning the transfer of a convict from a correctional colony, from an isolated section of this institution functioning as a general regime correctional colony, to a general regime correctional colony, under the prism of a progressive system of execution and serving of imprisonment, using the achievements of systems theory and systems analysis. In the domestic legal literature, from the designated positions, the considered transfer, as a stage of the progressive system of execution and serving of imprisonment, is not studied. In order to improve the model of a progressive system of execution and serving of imprisonment, enshrined in the norms of criminal, criminal-executive, criminal-procedural law, a number of legislative solutions are proposed aimed at increasing the effectiveness of the correction of convicts involved in the transfer from a correctional colony, from an isolated section of this institution functioning as a general regime correctional colony, to a general regime correctional colony. The need to supplement Part 2 of Art. 140 of the Criminal Executive Code of the Russian Federation with provisions determining the procedure for interaction between the administration of the correctional colony and the court regarding the direction of a motion to transfer a convict to a general regime correctional colony. It is emphasized that increasing the access of convicts serving a sentence of imprisonment to various social benefits and easing regime requirements should be made dependent on the systemic properties they have acquired (these properties must be clearly expressed in the law, from the position of identifying the object at each stage of the system), which can contribute to increasing the effectiveness of penitentiary prevention.

Keywords: transfer; convict; correctional colony; isolated area; general regime; progressive system; systems theory; systems analysis

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