Уголовное наказание: понятие, цели, состав исполнения. Монография - [98]

is a procedure or a method, which are applied by an institution or organ, official to execute a penalty. The way of penalty execution could influence the correctional impact onto the convict;

XX. The subject of penalty execution is institutions and/or organs, officials, provided by the acting legislation and are certified to execute criminal penalties;

XXI. The number of regulations of the Art. 16 of the Criminal Executive Code of the Russian Federation should be specified. Thus, it is advisable to make amendments to Parts 3, 4, 5, Part. 7.1, 12 Art. 16 of the Criminal Executive Code;

XXII. Institutions, executing criminal penalties, possess the following features: 1) they belong to the state organs; 2) are meant specially for penalty execution; 3) are empowered by the corresponding rights, obligations and legal interests, provided by the acting legislation; 4) are independent structural subdivisions within the sphere of state governing; 5) are not empowered by legal foundations for relief from penalty;

XXIII. Organs, executing penalty, possess the following features: 1) as a rule, are not state organs; 2) are not meant specially for penalty execution,

i. e. penalty execution is not their basic, but an additional function; 3) are empowered by corresponding rights, obligations and legal interests, provided by the existing legislation; 4) as a rule, are not independent structural subdivisions among the sphere of the state governing; 5) do not possess foundations for relief from penalty, provided by the existing legislation;

XXIV. It is necessary to strictly legislatively regulate rights, obligations and legal interests of the subjects of penalty execution. Thus, it is necessary to amend a number of new articles to the Criminal Executive Code (Art. 31¹, 61¹, 6P, 69¹, 74¹, 143¹, 143², 149¹, 157¹, and to amend corresponding changes and additions to definite norms of the Criminal Executive Code of the Russian Federation (3 Art. 25, Part 1 Art. 28, Part 3 Art. 33, Part 2 Art. 34, Part 3 Art. 39, Part 1 Art. 43, Part 1 Art. 54, Art. 60.9, Part Art. 60.11);

XXV. General rules, obligations and legal interests, characteristic to all the subjects of penalty execution, include: 1) to follow the order and conditions of penalty execution, provided by the existing Code; 2) make personal account of all persons convicted; 3) to explain the order and conditions of penalty servicing; 4) to control the conduct of the convicts, according to the order, provided by the legislation of the Russian Federation; 5) to organize and maintain correctional, re-socializing impact to the convict; 6) to organize and maintain the preventive impact to the convict, including taking measures of prevention of violation of the applied order of servicing the sentence, prevention of crimes and other deviations from the side of the convicts; 7) to hold initial measures in detection of convicts; 8) to compile and transfer to the corresponding service materials on the convicts, whose location is unknown; 9) to compile and transfer to the court the materials on the convicts, released from penalty or deliberately avoiding penalty; 10) to contribute in every way to the achievement of the aims of penalty;

XXVI. The subjects of penalty execution, depending to its specific features, could be classified to general and specific. General subjects execute penalties to any convict, special ones do only to the convicts, possessing specific features;

XXVII. Subjective sides of penalty execution are characteristics of an inner state of the execution of the criminal penalty, i.e. penal attitude of an institution or/and organ, official, executing criminal penalty, to the execution, servicing, the consequences of execution, and the motive and aim of penalty execution;

XXVIII. Penal attitude of an institution or/and organ, official, executing a penalty is a definite administrative managerial relations of an institution or/and organ and psychological attitude of an official, executing criminal penalties, to its execution, servicing, to the consequences of execution, servicing the penalty;

XXIX. Administrative managerial relations of an institution or/and organ, executing criminal penalties, to the execution, servicing the penalty, and to the consequences of execution, servicing the penalty, include two elements: a) organizational: an institution (or/and organ) organizes execution, servicing the penalty, prognoses the possibility or inevitability of the arising of the consequences of executing, servicing the penalty; b) volun-tative: an institution (or/and organ) tends to execute penalty and arising of consequences of execution, servicing the penalty, or does not intend but admitted the executing and servicing the penalty, or does not intend, because without excuse thought that the penalty would not be executed and consequences would not come;

XXX. Psychological attitude of an official, executing criminal penalty, to the execution, servicing the penalty, and to the consequences of the execution, servicing the penalty, include two elements: 1)