THE LEGAL INNOVATIONS CONNECTED WITH USE OF PHYSICAL FORCE, SPECIAL MEANS AND FIREARMS BY EMPLOYEES OF A PENAL SYSTEM IN THEIR LAW-ENFORCEMENT ACTIVITIES
Rubrics: ADMINISTRATIVE PRACTICE
Authors:
1.
Akademiya FSIN Rossii
2.
Akademiya FSIN Rossii
3.
Akademiya FSIN Rossii
4.
Akademiya FSIN Rossii
Type:
Article
Pages:
from 384
to 389
Status:
Published
Received:
28.09.2017
Accepted:
28.09.2017
Published:
28.09.2017
Subject area:
UDK 343.83
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
legal aspects, short stories of the law, law-enforcement activity, physical force, special means, weapon, bases of application of coercive measures, staff of the Federal Penitentiary Service, establishment and bodies of a penal system
Abstract (English):
An object of research are the legal aspects connected with use of physical force, special means and weapon by employees of a penal correction system. Own scientific comment to chapter 5 of the Law of the Russian Federation«About the institutions and bodies executing criminal penalties in the form of imprisonment» became result. Many elements directed to improvement of coercive measures (physical force, special means and weapon) are for the first time formulated. In particular, the bases for the correct application of coercive measures are offered: harmony of application of coercive measures (physical force, special means, weapon; at application of coercive measures the threat of life and to health is obliged to be real, but not imaginary (abstract). Situations (circumstance) connected with real threat of life and to health of the employee of the Federal Penitentiary Service are defined. The negative and positive sides connected with application of coercive measures by employees of a penal correction system are noted. The author’s comment of concrete articles of the Law stated above is given. The principle of territoriality on application by employees of a penal correction system of physical force, special means and weapon is proved and also other cases recorded in the Law of the Russian Federation «About the institutions and bodies executing criminal penalties in the form of imprisonment» are commented.
An object of research are the legal aspects connected with use of physical force, special means and weapon by employees of a penal correction system. Own scientific comment to chapter 5 of the Law of the Russian Federation«About the institutions and bodies executing criminal penalties in the form of imprisonment» became result. Many elements directed to improvement of coercive measures (physical force, special means and weapon) are for the first time formulated. In particular, the bases for the correct application of coercive measures are offered: harmony of application of coercive measures (physical force, special means, weapon; at application of coercive measures the threat of life and to health is obliged to be real, but not imaginary (abstract). Situations (circumstance) connected with real threat of life and to health of the employee of the Federal Penitentiary Service are defined. The negative and positive sides connected with application of coercive measures by employees of a penal correction system are noted. The author’s comment of concrete articles of the Law stated above is given. The principle of territoriality on application by employees of a penal correction system of physical force, special means and weapon is proved and also other cases recorded in the Law of the Russian Federation «About the institutions and bodies executing criminal penalties in the form of imprisonment» are commented.
Keywords:
legal aspects, short stories of the law, law-enforcement activity, physical force, special means, weapon, bases of application of coercive measures, staff of the Federal Penitentiary Service, establishment and bodies of a penal system
legal aspects, short stories of the law, law-enforcement activity, physical force, special means, weapon, bases of application of coercive measures, staff of the Federal Penitentiary Service, establishment and bodies of a penal system
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2. Ponikarov, V. A. Sootnoshenie administrativno-pravovogo i ugolovno-pravovogo regulirovaniya primeneniya oruzhiya sotrudnikami UISidrugimi rabotnikami pravoohranitel'nyh organov [Tekst] / V. A. Ponikarov // Chelovek: prestuplenie i nakazanie. - 2014. - № 1. - S. 119-121
