CIVIL LIABILITY OF RUSSIAN PENAL SYSTEM STAFF FOR MORAL HARM’, RUSSIAN PENAL SYSTEM STAFF FOR MORAL HARM
Rubrics: MANAGEMENT VECTOR
Authors:
1.
Akademiya FSIN Rossii
Type:
Article
Pages:
from 301
to 305
Status:
Published
Received:
28.09.2018
Accepted:
28.09.2018
Published:
28.09.2018
Subject area:
UDK 343.83
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
civil liability, moral harm, penal system, use of physical force, special means and weapons
Abstract (English):
The article deals with the problematic aspects and features of the institute of civil liability of Russian penal system employees for moral harm caused by them during the performance of official duties, in particular the use of physical force, special means and weapons. A number of proposals to expand the theoretical base of the legal institution, specification and unification of criteria of moral harm and its assessment by the law enforcement officer taking into account the specifics of service in the penal system are presented in the article. The author identify the problems of civil law related to the infliction of moral harm by penal system employees, as well as ways to solve them which are relevant in the practice of the Federal penal service taking into account the role of penal system employees and persons held in the institutions of the Federal penal service. The attention is focused on the problems of civil liability, the intersectoral nature of the institution, the lack of special rules governing the relations that may arise between institutional staff and persons held in them, as well as other persons during the performance of their official duties taking into accountthe specifics of the penal institutions functioning. Problems such as the ambiguity of the concept of “moral harm” and its expression in the outside world, the uncertainty of the methods of compensation calculation of the caused moral damage in, the possible abuse of their rights by convicts and detainees are also touched upon. In conclusions development directions in the current Russian legislation are offered, concrete recommendations on improvement of means of control by means of regime and supervision in organizations of penal system are given.
The article deals with the problematic aspects and features of the institute of civil liability of Russian penal system employees for moral harm caused by them during the performance of official duties, in particular the use of physical force, special means and weapons. A number of proposals to expand the theoretical base of the legal institution, specification and unification of criteria of moral harm and its assessment by the law enforcement officer taking into account the specifics of service in the penal system are presented in the article. The author identify the problems of civil law related to the infliction of moral harm by penal system employees, as well as ways to solve them which are relevant in the practice of the Federal penal service taking into account the role of penal system employees and persons held in the institutions of the Federal penal service. The attention is focused on the problems of civil liability, the intersectoral nature of the institution, the lack of special rules governing the relations that may arise between institutional staff and persons held in them, as well as other persons during the performance of their official duties taking into accountthe specifics of the penal institutions functioning. Problems such as the ambiguity of the concept of “moral harm” and its expression in the outside world, the uncertainty of the methods of compensation calculation of the caused moral damage in, the possible abuse of their rights by convicts and detainees are also touched upon. In conclusions development directions in the current Russian legislation are offered, concrete recommendations on improvement of means of control by means of regime and supervision in organizations of penal system are given.
Keywords:
civil liability, moral harm, penal system, use of physical force, special means and weapons
civil liability, moral harm, penal system, use of physical force, special means and weapons
1. .
