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§ 1. Concept, the legal nature and value of incentive institutes of change of conditions of enduring the punishment and change of a kind correctional facility

Incentive institutes of change of conditions of enduring the punishment and kind IU are included into system of change of conditions of the maintenance of the condemned. Enduring the punishment conditions are certain steps of progressive system of execution and enduring the punishment on which depending on kind IU, persons of condemned and its behaviour increase or decrease pravoogranichenija, provided ugolovnoispolnitelnym законодательством1. Enduring the punishment conditions - one of fixed assets of differentiation of execution of punishment. Change of these conditions allows to realise a principle of differentiation and an individualization of execution of the punishment, the Wick specified in item 8 the Russian Federation.

The interbranch principle of differentiation and individualization of execution of punishment is a basic principle ugolovnoispolnitelnogo the rights. The differentiation of execution of punishment means, that to various categories condemned depending on a sex, age, categories of the committed crime, the form of fault, last criminal activity, behaviour in the course of enduring the punishment compulsory influence and various restriction on volume in правах2 is applied. The individualization principle is based on the account not group, but specific features of the person condemned in enduring the punishment. To the greatest degree the principle of differentiation and [386 [387] individualizations of execution of punishment is realised concerning condemned to imprisonment. It is the certificate of realisation of progressive system of execution and serving наказания1.

M.P.Melentyev and A.J.Grishko fairly consider, that the differentiation without an individualization is senseless, and an individualization without differentiation невозможна2. The differentiation is legal base of an individualization [388 [389] [390]. Criminally-executive differentiation

Creates preconditions for an individualization. Thus one of the basic forms of realisation of differentiation and an individualization of execution of punishment is application of incentive institutes of change condemned conditions of enduring the punishment and change of kind IU.

Studying of institute of progressive system of execution and enduring the punishment and institute of change of conditions of enduring the punishment always was spent in common or in parallel. Nevertheless, between these institutes it is impossible to put an equal-sign whereas change of conditions of enduring the punishment simultaneously is the maintenance of progressive system and the form of its realisation [391].

G.A.Avanesov defined progressive system as system of change of conditions of the maintenance condemned in the best or a worst aspect in the course of enduring the punishment depending on behaviour condemned,

Its relations to work and учебе1. According to O.I.Bazhanov the progressive system is the certain, precisely regulated order of execution of imprisonment with classification and the separate maintenance condemned in different kinds IU at which for condemned enduring the punishment conditions in the best or to the worst depending on its correction or not correction with granting of possibility of parole change, with the help organisation released (patronage) and an establishment behind it of supervision and supervision [392 [393].

As a whole these definitions are similar, and in them it is noticed, that the progressive system represents change of conditions of enduring the punishment depending on behaviour condemned. However patronage and an establishment of supervision of the persons released from the places of confinement do not concern system of execution of punishment in the form of imprisonment and accordingly to progressive system of execution and enduring the punishment. With clearing of the condemned its legal status as subject of the rights and the duties established by awarding punishment in the form of imprisonment changes.

The system of change of conditions of the maintenance is understood as change of a legal status condemned on rather long period, and also granting to it possibility to use a number of privileges or its deprivation of those [394]. Modern writers, for example, A.B.Skakov, defines progressive system as complex interbranch institute of the criminal and criminally-executive right, including some independent institutes at which application the legal status of the condemned varies depending on degree of its correction or towards expansion of volume of its rights, or aside ограничения1.

In our opinion, it is expedient to consider concept of progressive system of a complex with a stimulation category pravoposlushnogo behaviour condemned which as it was specified above, influences by means of two basic tools of motivational influence - positive and negative. It is obvious, that the progressive system on the one hand is directed on positive stimulation of behaviour condemned, use of incentive institutes, granting of legislatively certain complex of the blessings of the material character satisfying legitimate interests and requirements condemned, improving their legal status, including is conditional-preschedule clearing, and with another - on negative stimulation which provides abstention from the wrongful acts which realisation leads to complex application pravoogranicheny, worsening their legal status.

One of base elements of progressive system is the change institute condemned conditions of serving which represents the mechanism providing purposeful influence on dynamics of criminally-executive legal relations, focused on the punishment purposes, and also regulation of the maintenance of their legal status depending on character of serving by them of punishment [395 [396].

According to the criminally-executive legislation in corrective colonies the three-stage system of conditions of enduring the punishment is provided: usual, facilitated and strict (ch. 1 items 87 Wick the Russian Federation), in educational colonies four-stage - the usual, facilitated, preferential and strict conditions of the maintenance (ch. 1 items 132 Wick the Russian Federation), and in prisons are provided two kinds of a mode: the general and strict (ch. 2 items 87 Wick the Russian Federation). In disciplinary military unit two kinds of conditions of enduring the punishment are provided: usual and facilitated (item 166 Wick the Russian Federation).

Change of conditions of serving of punishments condemned in the places of confinement is provided with two ways: by transfer from one IU in another (ch. 4 items 58 UK the Russian Federation, item 78 Wick the Russian Federation) and within one kind correctional facility (item 87, 120,122, 124, 127, 130, 132 and 166 Wick the Russian Federation). Thus, the criminally-executive differentiation can be carried out both within one IU, and by transfer in IU other kind.

Accordingly the body of rules, changing condemned towards volume decrease pravoogranicheny, it is possible to classify conditions of the maintenance also on two incentive institutes: change of conditions of enduring the punishment within one IU and change of kind IU. The purpose of the given incentive institutes which are closely connected with elements of progressive system of enduring the punishment, double: in - the first to stimulate correction condemned and, secondly, gradually, by behaviour updating to prepare them for life conditions in a society.

The maintenance of incentive institute of change of conditions of enduring the punishment consists in the following: 1) presence of a complex of the blessings given condemned (legal effects of positive behaviour of the persons who are serving time in the places of confinement); 2) presence of conditions of approach of positive changes of a legal status (the maintenance of lawful behaviour condemned and departure of a necessary part of the penal term by them); 3) real granting of the blessings, encouragements, i.e. legitimate interest realisation on encouragement.

Thus, change of conditions of enduring the punishment within one kind IU in an increase direction condemned volume of the blessings and expansion of the rights represents incentive institute ugolovnoispolnitelnogo the rights, connected with improvement of conditions of enduring the punishment and their legal status, stimulating positive behaviour of the persons deprived of freedom, and concerning base elements of progressive system of enduring the punishment.

Among scientists there is no common opinion of a place and the legal nature of incentive institute of change of conditions of enduring the punishment in the theory of the criminally-executive right. Possibly, it is connected by that in the correctional labour code of RSFSR of 1970 this institute concerned encouragement measures. As independent incentive institute of change of conditions of enduring the punishment has been fixed only in the operating criminally-executive legislation of the Russian Federation. It is obvious, in this connection in the literature basically theoretical estimations of a place of the given institute in system of measures of encouragement were considered.

So, according to some scientists (P.G.Ponomarev, A.F.Sizyj) the institute of change of conditions of enduring the punishment towards softening concerns measures поощрения1. N.A.pod, opposite believed, that change of conditions of the maintenance condemned by transfer from one IU in another encouragement or collecting in own value of these concepts is not, as constitutes the maintenance of one of ways of realisation of independent institute of the correctional labour law which is not entering into institute of application of encouragements and collectings to condemned [397 [398]. JU.M.Tkachevsky and G.A.Avanesov also notice, that discriminating property of institute of measures of encouragement and collecting to condemned is that these measures are applied for positive or negative acts and do not attract long change of a legal status condemned [399].

As we see opinions on the given question were divided. It is obvious, that incentive institutes of change of kind IU and changes of conditions of enduring the punishment condemned are in close interaction with encouragement measures as use of the specified institutes assumes consecutive application of measures of encouragement. The norms fixing application of measures of encouragement, also are connected with norms of change of conditions of the maintenance and kind IU on a special-purpose designation of these institutes as they correct behaviour condemned and are the important stimulants of behaviour condemned. At the same time, improvement of a legal status condemned, an event as a result of change of conditions of enduring the punishment and kind IU, differs from institute of measures of encouragement on following positions:

- On the material bases of application of the specified institutes (change of conditions of the maintenance is applied in the absence of collectings for infringements of the established order of enduring the punishment and a conscientious attitude to work, change of kind IU - to positively characterised condemned, and encouragement measures are applied for good behaviour, a conscientious attitude to work, training, active participation in educational actions);

- Necessarily servings condemned the certain penal term;

- On the subject of application of the specified institutes (change of kind IU courts, change of conditions of enduring the punishment - commissions IU apply, and encouragement measures are applied by the chief of group and chief IU);

- According to behaviour condemned (for application of measures of encouragement - an estimation of a single act condemned, and for change of conditions of the maintenance a complex estimation of behaviour of the enduring the punishment condemned for the period);

- On change of a legal status condemned (change of conditions and kind IU changes volume of the rights condemned, and application of measures of encouragement - does not change).

In this connection institutes of change of conditions of enduring the punishment and kind IU towards improvement should be carried to independent incentive institutes of the criminally-executive right which radically differ from application of single measures of encouragement.

In V.S.Epaneshnikova's fair opinion, a regulation of the measures directed on change of conditions of the maintenance, it is necessary to state out of articles devoted to measures of encouragement and collecting that will allow to discriminate the bases of application of disciplinary actions of influence and change of conditions содержания1. It is obvious, in this connection the legislator the Federal act № 46 from May, 9th, 2005 similar otsylochnuju norm about application of measures concerning malicious infringers of the mode, containing in ч.4 item 115 Wick the Russian Federation, has excluded.

Other researchers also consider, that inclusion of change of conditions of the maintenance condemned towards their softening in the list of measures of encouragement in ch. 3 items 113 Wick the Russian Federation необоснованно2 because change of conditions of the maintenance condemned in the places of confinement not [400 [401] are a disciplinary action or a measure поощрения1. Possibly in this connection the Federal act № 46-FZ has excluded from 05.04.2010 ch. 3 from item 113 Wick the Russian Federation containing otsylochnuju norm about application of measures concerning positively characterised condemned.

Taking into account the above-stated it is necessary to define, that the legal nature of change of conditions of enduring the punishment and kind IU towards easing pravoogranicheny the condemned has strongly pronounced stimulating and incentive character as these incentive institutes are directed on improvement of a legal status condemned depending on their behaviour, are closely connected with progressive system of execution of punishment and promote successful social adaptation condemned to life conditions in a society.

At the analysis of the legal nature of incentive institute of change of conditions of enduring the punishment, there is a problem connected with inclusion in this incentive institute of standard positions about granting condemned right of movement without an escort or support (item 96 Wick the Russian Federation) which causes serious disagreements among scientists.

One group of scientists (G.A.Avanesov, A.I.Vasilev, A.K.Romanov, JU.K.Yakimovich), investigating problems of change of conditions of enduring the punishment towards improvement, carries to them and institute of movement condemned without an escort or support outside of IU, naming its other possibility of change of conditions of the maintenance within same IU, and proving that thus the legal status condemned essentially varies and by that its conditions содержания2 change. [402 [403]

Other group of scientists (O.I.Bazhanov, A.V.brilliant, S.N.Galiullin, M.P.Melentyev, A.F.Sizyj, JU.M.Tkachevsky, etc.) Believes, that norms of movement without an escort or support do not concern the norms changing conditions of the maintenance as besides educational influence such norms have other purpose - industrial, economic which is defining in the decision of a question establishment administration about granting condemned the specified rights. Application of any element of progressive system of enduring the punishment, in their opinion, should not pursue other purposes, except the correction purpose осужденного1. V.I.Seliverstov in this connection notices, that a determinative of application of this measure is not approved behaviour condemned, and circumstances to which the law gives legal effect [404 2 [405]. According to V.V. Geranina, it is necessary to divide movement without an escort or support from institute of change of conditions of serving of imprisonment as the first is not neither the right, nor a legitimate interest condemned as for maintenance of its realisation it is not provided any гарантий1. From the point of view of A.A.Sinichkina the specified institute - «it not an encouragement measure in the pure state, and the difficult juristic institution including and presence of certain degree of correction at condemned, and necessity of performance of certain works, connected on the character with removal of certain regime restrictions».

Nevertheless A.I.ouzel considers, that «according a right of movement without an escort or support is necessary for considering as the private form of progressive system of serving of imprisonment» [406 [407] [408]. Materials of our research testify that 79 % it condemned after granting the rights of movement without an escort or support in the subsequent did not break the established order of enduring the punishment. Besides it the granted right was given condemned, serving time in the facilitated conditions in 69,3 % of cases, and in usual - in 30,7 % [409]. Hence, the basic indicator of a choice condemned for according a right of movement without an escort are not professional qualities condemned or its ability to carry out a certain kind of activity, namely its positive behaviour. For many condemned the right beskonvojnogo movement is the big blessing, than the facilitated conditions of the maintenance. Interviewing condemned to imprisonment has shown, that the majority of the condemned granting of such right wish.

According to ch. 1 items 96 Wick the Russian Federation positively characterised condemned, leaving imprisonment in corrective colonies and educational colonies, and also condemned, left for conducting works on economic service in investigatory insulators and prisons, can be authorised movement without an escort or support outside of IU if it is necessary on character of work performed by them. Thus, the two-uniform condition of application of the specified institute is the positive behaviour condemned and industrial necessity.

It is obvious, that as encouragement measures to rank the given institute it is impossible, as it has not single character, and partially changes a legal status of the condemned. Despite the mixed legal nature caused both industrial requirements, and positive behaviour condemned, granting condemned the rights of movement without an escort or support is independent incentive institute as granting of such right is provided only to positively characterised condemned and directly is connected with their behaviour.

Stay outside of IU changes actually conditions of serving of imprisonment, but granting of such blessing is formal does not change volume pravoogranicheny, provided for the condemned. Besides, such change of a legal status of the condemned is caused by necessity of economic service of establishments and, as a rule, is realised to those condemned which have corresponding trades, for example, the driver. In spite of the fact that this institute has incentive character, positively stimulating condemned, to carry it to progressive system of execution of punishment and to institute of change of conditions of enduring the punishment it is not obviously possible in communication by that a condition of application of such institute is not so much estimation of behaviour condemned, how many industrial necessity. Therefore not all condemned which are characterised positively, can deserve possibility to work outside of the places of confinement with change of an order of enduring the punishment. Besides it, cancellation of the right of movement without an escort or support can be carried out irrespective of behaviour, but only owing to change of a kind of work condemned at minovanii industrial necessity.

According to L.V.Jakovlevoj granting condemned the rights of movement without an escort or support differs from institute of change of conditions of enduring the punishment on a social orientation, the bases of application and consequences of granting and it is impossible to recognise it as an element of system of change of conditions of serving наказания1. Thus, according a right of movement without an escort or support does not concern neither institute of change of conditions of enduring the punishment, nor to elements of progressive system of enduring the punishment, and represents independent incentive institute.

The right of movement condemned to imprisonment without an escort or support can be given to the persons who do not have collectings and serving time in facilitated or usual conditions of the maintenance, as in ch. 2 items 96 Wick are noticed by the Russian Federation, that the given institute is not applied only to condemned, being in strict conditions of the maintenance, and also to condemned, having not removed or outstanding collectings. Meanwhile, the condemned military men, leaving maintenances in disciplinary military unit, also can move without an escort outside of protected territory if it is necessary on character of carried out official duties. Thus such right can be given only to the condemned military men who are in facilitated conditions of the maintenance (the item "g" ch. 2 items 166 Wick the Russian Federation). [410]

According to our research, more than half of employees IU (54,3 %) consider, that is expedient to give the specified right of movement without an escort only condemned, being in the facilitated conditions, 42,7 % consider what to give such right condemned, both in usual, and in the facilitated conditions, and only 3 % prefer condemned, containing in usual conditions (the Appendix № 1 see). Because to give this right condemned it is necessary taking into account a trade and an operational experience (for example, the fireman, the electrician, the sanitary technician, the car mechanician etc.) it is necessary to keep possibility to apply such right to the persons who are both in facilitated, and in usual conditions of enduring the punishment.

In Soviet time in item 31 ITK RSFSR it has been established, that in training schools condemned, firmly followed a correction way, after departure not less than one third of penal term, and condemned to which is conditional-preschedule clearing was not applied, after departure not less than two thirds of penal term, movement without an escort outside of a colony if it was necessary on character performed condemned works could be authorised. In some CIS countries (for example, in Republics Azerbaijans, Belarus, Tajikistan and Moldova, Turkmenistan) the specified right only after departure condemned not less than one third of penal term is provided. According to our research of 64,7 % of employees consider, that only condemned, left third of penal term and being in data IU not less than 6 months it is possible to accord a right movement without an escort or support, more quarters of the interrogated employees (27,3 %) consider, that such right it is possible to give condemned, left half of penal term and being in data IU not less than 6 months, and, at last, according to 8 % it is possible to give such right condemned, left in data IU not less than 6 months (the Appendix № 1 see). Taking into account experience of the countries

The CIS (the Appendix № 23 see), materials of our research, and also preventive maintenance of runaways condemned from under protection and supervision in IU is expedient to specify in ch. 1 items 96 Wick the Russian Federation, that positively characterised condemned movement without an escort or support outside of IU, only after departure by them not less than one third of penal term can be authorised.

In item 81 Wick by the Russian Federation it is fixed, that condemned to imprisonment all penal term, as a rule, in one corrective colony, prison or an educational colony should leave. This principle of enduring the punishment in the form of imprisonment conditions for studying of the person condemned, the effective organisation of execution of punishment and application of fixed assets of correction of the condemned. From the point of view of penitantiary pedagogics the most productive is the continuous educational process which is carried out by the same collective of tutors which has possibility in details to study the person condemned and to observe dynamics of its changes. But such system is limited only by limits and rather, established for given kind IU. Therefore transfers in others IU as change of conditions of enduring the punishment and a legal status condemned sometimes are necessary.

According to T.I.Perkovoj, the institute of change of conditions of the maintenance condemned by their transfer from one kind IU in other kind represents the system of stimulus expressed in purposeful change of karatelno-corrective influence. Its application essentially changes the initial conditions of enduring the punishment established by court and practically introduces corresponding corrective amendments (in the best or a worst aspect) in a court sentence about appointment of this or that kind IU, changing thereby volume of retaliatory influence on осужденных1. [411]

Change of kind IU with improvement of a legal status of the condemned is directed on realisation of principles of differentiation and an individualization of execution of punishment, and also stimulation pravoposlushnogo behaviour of the condemned. According to ch. 2 items 78 Wick the Russian Federation such transfers are applicable to positively characterised condemned, left a certain part of the penal term. The law provides following changes of kind IU for positively characterised condemned: from prison in IK; from IK a special mode in IK a strict mode; from IK the general mode or a strict mode in a colony-settlement.

The specified transfers condemned at imprisonment serving are caused by positive changes of the person in process

Corrective influence. It is important to notice, that positively characterised condemned qualitatively differ from condemned serving time in the given kind of mode IK and consequently their leaving in the environment which they "have outgrown", can harm only to process of corrective influence. Negative influence of this environment interrupts by transfer positively characterised

Condemned in another IU. The incentive institute of change of kind IU with volume reduction pravoogranicheny has also great value as means of social adaptation of the persons released from IU with strict isolation. Especially brightly it is shown while translating condemned of IK the general or strict modes in a colony-settlement.

Analyzing item 78 «Change of a kind correctional facility», it is necessary to notice Wick, that some discrepancy of the given formulation as it is possible to speak about change of kind IU only about transfers from prison in a colony or from a colony in prison. In the relation of colonies-settlements and corrective colonies of the general and strict mode it is necessary to specify, that formally they are establishments of one kind - corrective colonies. According to A.B.Skakova, such legislative decision underlines once again, that the legislator is inclined to carry colonies-settlements to any other, "unusual" kinds of establishments [412].

Close by the legal nature to institute of change of a condition of the maintenance condemned by their transfer from one IU in another of other kind the incentive institute of replacement of not left part of punishment by softer kind of punishment adjoins. Many scientists-penitentsiaristy, for example, A.S.Mihlin, V.I.Seliverstov, I.V.Shmarov do not confirm such sign as «isolation condemned» concerning the organisation of execution of punishment in colonies-settlements [413 [414]. On the functional essence of a colony-settlement is closer to punishments without isolation from a society, than to corrective colonies. In the literature all IU divide on two groups: not providing isolation condemned from a society (unprotected) and providing isolation from a society (protected). Colonies-settlements concern the first, and all the others represent the second category [415]. Such division is represented conditional in connection with objections about reference of colonies-settlements to kinds IU, executing imprisonment [416]. The demand in criminally-executive system can increase in the decision of a question on a place of colonies-settlements in connection with real application by court of punishment in the form of forced hard labour which practically differ nothing from punishment execution in colonies - settlements.

Thus, it is necessary to define, that change condemned kind IU with volume reduction pravoogranicheny the condemned represents the incentive institute which is concerning base elements of progressive system of execution of punishment and being the important means of social adaptation to conditions of a life in a society for persons, translated of IU strict isolation in colonies-settlements.

One of the bases of realisation of incentive institutes of commutation and change of kind IU is departure of a certain part of the penal term, appointed to it on a court sentence. It is quite logical to assume, that on correction degree condemned, applying for change of kind IU to the best and commutation by its softer kind, should be positively characterised, t.e it is expedient to apply the same degree of correction.

It is necessary to notice, that the planned reform of system IU does not depart from application of colonies-settlements. So, in the Concept of development UIS the Russian Federation till 2020 reforming of system of the establishments executing punishments in the form of imprisonment is noticed, that, assumes creation of legal and organizational conditions for replacement of existing system correctional facilities by two principal views of establishments: prisons (the general, strengthened and special modes) and a colony-settlement (with the usual and strengthened supervision).

Change of conditions of enduring the punishment within the limits of one IU is carried out by commission IU. Change of kind IU is made on the basis of the decree on representation of administration of the establishment executing punishment, and also under the petition осужденного1. It is connected by 1 that kind IU for enduring the punishment is defined by a court verdict of guilty, and its any change is carried out only by a judgement (definition, the decision) or the act. Therefore application of incentive institute of change of kind IU with substantial improvement of an individual legal status of the condemned is carried to the court competence.

As a whole it is necessary to notice, that value of incentive institutes of change of conditions of enduring the punishment and change of kind IU consists, first, in their social essence as norms of the specified institutes have accurately certain social maintenance and an orientation which are expressed in maintenance of the rights and freedom and incentive influence on the condemned. Secondly, the given institutes carry out function of correction condemned and are the important correction facilities as their realisation directly depends from pravoposlushnogo behaviour of the condemned. In - the third, application of norms of the specified incentive institutes promotes stimulation condemned to the further positive activity and neutralisation of their negative behaviour. Fourthly, considered institutes are the important means of maintenance of successful social adaptation to life conditions in a society. Especially it is shown at enduring the punishment in facilitated (for IK the general mode) and enduring the punishment concessionary terms (in educational colonies), and also while translating from IK the general or strict mode in a colony-settlement. Fifthly, the decision on application of norms of incentive institute of change of conditions of enduring the punishment within one kind IU is accepted by commission IU in which representatives of institutes of a civil society (for example, members of the public observant commissions, representatives of local governments can take part), that means the open and democratic character of decision-making on transfer from one conditions of enduring the punishment in others. Sixthly, at decision-making the estimation of behaviour of the enduring the punishment condemned for the period, and not just a single act is carried out, and expansion of volume of the given blessings that leads to positive change of an individual legal status condemned by decision-making by administration IU on change of conditions of enduring the punishment and as a result decrees about change of kind IU is guaranteed.

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A source: Babayan Sergey Lvovich. INCENTIVE INSTITUTES of the CRIMINALLY-EXECUTIVE RIGHT (the THEORY And APPLICATION PRACTICE) the Dissertation on competition of a scientific degree of the doctor of juridical science. Moscow. 2014

More on topic § 1. Concept, the legal nature and value of incentive institutes of change of conditions of enduring the punishment and change of a kind correctional facility:

  1. Chapter 4. Incentive institutes of change of conditions of enduring the punishment and correctional facility kind
  2. § 3. Perfection of incentive institute of change of a kind correctional facility
  3. § 2. Perfection of incentive institute of change condemned enduring the punishment conditions
  4. Chapter 3. Is conditional-preschedule clearing of enduring the punishment and replacement of not left part of punishment with softer kind of punishment as interbranch incentive institutes
  5. § 2. Concept, signs and the legal nature of incentive institutes of the criminally-executive right
  6. § 3. A problem of definition of criteria of classification of the crimes condemned for plurality by kinds correctional facilities and a choice of conditions of enduring the punishment in the form of imprisonment
  7. § 3. Practice of application and a perfection way uslovnodosrochnogo clearings of enduring the punishment and replacement of not left part of punishment with softer kind of punishment
  8. Chapter 1. Concept, the maintenance and the is social-legal nature of incentive institutes of the criminally-executive right
  9. Change of the conditions of the employment contract defined by the parties for the reasons connected with change of organizational or technological working conditions
  10. § 2. The legal nature and the basis of replacement of not left part of punishment by softer kind of punishment
  11. § 1. The legal nature and the bases of is conditional-preschedule clearing of enduring the punishment
  12. 2.3 Features of the decision of a verdict of guilty without awarding punishment concerning minors and at conditions change