Уголовное наказание: понятие, цели, состав исполнения. Монография - [97]
XIII. Objects of penalty execution could be classified “vertically” and “horizontally”. “Vertically”, i.e. depending the specific features of the objects of penalty execution objects, it is possible to point out: general, generic, aspective and direct objects. Horizontal classification of objects of penalty execution deals mostly with the direct object of penalty execution. Thus, it is possible to point out the basic (essential) and additional (or substantial) object of penalty execution. This classification is done according to the links between the generic and aspective object;
XIV. The objective side of criminal penalty execution should be treated as a complex of features, characterizing the outer side of criminal penalty execution. The objective side of penalty execution includes the following features: 1) punitive activity, encroaching this or that object; 2) the aroused consequences in the form of deprived, limited or added rights, obligations and legal interests of the convict; 3) causal link between the procedure of penalty execution and the consequences, such as deprivation, limitation, addition of rights, obligations or legal interests of the convict; 4) order and conditions, and place, time, means, way of penalty execution;
XV. Punitive activity is an activity of institutions and/or organs, activity by the officials, executing criminal penalties, on deprivation, limitation, exchange and addition of rights, obligations and legal interests of the convict. The punitive activity is the most important element of the objective side of penalty execution, as it unites the features of the objective side and its definite features. According to the criminal sense, the punitive activity possesses a number of social and juridical features: 1) eligibility; 2) compulsive character; 3) criminal penal safety; 4) economical efficiency;
XVI. As a result of punitive activity, necessarily the rights, obligations and legal interests of the convict are deprived, limited, changed or added, i.e. some consequences come. The arrived consequences in the form of deprived, limited, changed or added rights, obligation and legal interests of the convict could be classified into two main groups: 1) material and 2) non-material;
XVII. The causal interdependence between the procedure of penalty execution and arrived consequences in the form of deprivation, limitations, change and additions to the rights, obligations and legal interests of the convict is the objective attitude of interdependent interconnection between the engendering phenomenon, i.e. a cause as a process of penalty execution and the produced phenomenon, i.e. the cause in the form of the arrived deprivation, limitation, change and addition of the rights, obligation and legal interests of the convict. The signification of the causal interdependence between the procedure of penalty execution and the arrived consequences, such as deprivations, limitations, change and additions to the rights, obligations and legal interests of the convict is of primary importance for the definition of the aims of the criminal penalty. In case of the absence of the causal interdependence, the achievement of the aims of the criminal penalty is impossible. The cause not only arise the other phenomenon, a consequence, but it also cause a real ability for it arrive;
XVIII. The order of penalty execution should be understood as a specified systematic process of penalty execution, provided by the criminal executive legislation. Conditions of penalty execution are rules of behavior by the subjects of penalty execution, regulated by the criminal executive legislation, as well as the situation, circumstances, conditions within the procedure of penalty execution. The situation of the penalty execution is a complex of circumstances, creating the possibility for the execution of a penalty. Circumstances of penalty execution are phenomena, which accompany and are connected with the penalty execution. Conditions of penalty execution is an institution or / and an organ, an official, things, casualties, etc.;
XIX. Place of penalty execution is a definite definite territory, where a penalty is executed. Time of penalty execution as a feature of the structure of penalty execution is a definite period of time, within which a penalty is executed. Means of penalty execution are instruments and things by means of which a penalty is executed. The application of these or that means by an institution or/and an organ sufficiently influences the level of correctional impact.
