Восстановление социальной справедливости как цель наказания и право осужденных на судебную защиту: баланс или диссонанс?

Abstract

The article is devoted to the issues of correlation between the purposes of punishment and judicial protection of persons in places of deprivation of liberty. Attention is drawn to the dynamics of the purposes of punishment and improvement of legal regulation of issues of judicial protection of persons serving a sentence of imprisonment in terms of the conditions of serving a sentence in correctional institutions. The historical and comparative aspects of goal-setting and conditions of serving a sentence are briefly characterized. The main problem of the study is related to the need to understand the restoration of social justice as the purpose of punishment. Studies of the criminal-legal nature of social justice are not enough to understand this most important category as the purpose of criminal punishment. The right to judicial protection belongs to everyone and in order to ensure it to persons in places of deprivation of liberty, the Code of Administrative Procedure of the Russian Federation was supplemented by a special norm that determined the procedure for applying to the court to challenge illegal actions and collect compensation. Numerous practices show that persons serving a sentence, including life imprisonment, constantly find reasons to go to court. A significant portion of such cases go through all judicial instances up to the Supreme Court of the Russian Federation, and often complaints against the norms of the Code of Administrative Procedure of the Russian Federation are also sent to the Constitutional Court of the Russian Federation. The ability to seek judicial protection is the most important achievement of civilization; a return to the old days is unacceptable, but there must also be reasonable limits that limit the possibility of abuse of the right to judicial protection.