ADDITIONAL LEGAL REGULATION OF ISSUES RELATED TO THE INSTITUTE OF CARDINESS IN THE RUSSIAN FEDERATION

ADDITIONAL LEGAL REGULATION OF ISSUES RELATED TO THE INSTITUTE OF CARDINESS IN THE RUSSIAN FEDERATION

Authors

  • Tamara SAPRONOVA Tver State University

Keywords:

pardon, SVO, violation of the rights of convicts, violation of the rights of victims, Regulations on the procedure for considering applications for pardon in the Russian Federation, criminal procedure legislation, constitutional rights, аrticle 16.1 of the Civil Code of the Russian Federation

Abstract

The article deals with the issues of pardoning convicts sentenced to long terms of imprisonment for committing grave and especially grave crimes participating in hostilities. Based on the analysis of the legal legislation in force in the country, an opinion is expressed about a possible violation of the rights of convicts, since they are released from the punishment imposed by the court by the head of state in order to fulfill their obligations to protect the Fatherland, which is not provided for by law. The article also raises the issue of violation of the rights of victims (legal representatives, representatives of victims), who are not informed by the authorities about the pardon of the person guilty of them, the departure of the pardoned convict outside the institution executing the punishment in the form of deprivation of liberty, about the time of release of the convict from places deprivation of liberty, which is not actually compensated in full for the amount of material and moral damage. It states the need to introduce amendments and additions to the current legislation in order to exclude violations of the constitutional rights of participants in the criminal process.

Author Biography

Tamara SAPRONOVA, Tver State University

PhD in Law, Associate Professor of the Department of Environmental Law and Legal Support of Professional Activities

Published

2023-10-12

Issue

Section

Актуальные вопросы публичного права
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