Penitentiary law: institutional development trends

Abstract

The article is devoted to the issues of institutional development of penitentiary law as a sub-branch of penal enforcement law. The use of the "institutional development" indicator makes it possible to assess the current norms of penal enforcement law governing the execution of criminal penalties not related to isolation from society, as well as the level of development and quality of functioning legal institutions in this regulatory subsystem. Using system-forming criteria, the author defends the position of the existence of a separate, relatively isolated normative subsystem — penitentiary law, which has the status of a sub-branch of penal enforcement law. In the work, the author comes to the conclusion that penitentiary law in the system of penal enforcement law functions at the level of a well-formed sub-branch. The purpose of the study is to conduct a comprehensive analysis of the processes of differentiation and integration taking place in penal enforcement law, and to determine the status of the regulatory subsystem "penitentiary law". The objectives of the study are to define the concept of "penitentiary law" and its place in the system of penal enforcement law; to establish system-forming criteria that determine the specifics of penitentiary law; to analyze general, substantive and functional institutions within the framework of penitentiary law.

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