Implementation of the norms of criminal-executive law by employees of operational units in correctional institutions of Russia

Abstract

Abstract. Relevance. The study of this issue is of scientific and practical value, as the implementation of the norms of criminal executive law is a kind of foundation necessary for the formation of social relations that arise in the process of and in connection with the execution and serving of sentences. An important role in this is given to the employees of operational units, who are capable of ensuring the personal safety of convicts, identifying and preventing crimes that are being prepared or committed in correctional facilities, and conducting operational and investigative measures. They act in accordance with the legislation on operational and investigative activities, and they are fully subject to all the rights and obligations provided for by the norms of criminal executive law. This dualism actually forces operational officers to implement the norms of a branch of law that does not directly regulate their professional activities (in the narrow sense of the word).

The purpose of the article is to identify the specific problems that arise in the process of implementing the norms of criminal executive law by employees of operational units, and to substantiate the fact that the primary cause of these problems is the dualism of their legal status, which creates a conflict between the objectives of operational search and criminal executive activities.

Conclusions. Based on the analysis of the theoretical forms of legal implementation, it has been established that for operational employees of a correctional facility, one of the dominant forms is execution as an active activity to fulfill the duties imposed by the Criminal Executive Code of the Russian Federation (hereinafter referred to as the CEC of the Russian Federation). The main problem hindering the effective implementation of these norms is the conflict of goals and methods inherent in the dual legal status of employees. Further improvement of legal regulation should be aimed at creating mechanisms for coordinating the norms of the Penal Code of the Russian Federation and the Federal Law «On Operational Search Activities» in order to minimize this conflict in law enforcement practice.