TRANSFER INTO MORE SEVERE CONDITIONS OF SERVING THE PENALTY OF DEPRIVATION OF LIBERTY AS A CONSEQUENCE OF LEGAL RECOGNITION OF THE CONVICT AS A REPEAT INFRINGER

Abstract

The subject of the study are the norms of penitentiary law governing the recognition of the convict as a repeat infringer of the established service order and the legal consequences of this legal fact. The paper discusses the implementation of the problematic aspects of the legal consequences of recognizing the convict as a repeat infringer of the established service order in the form of the transferring the convict into stricter conditions of service. The author also reveals the correlation of such penalties as placement in a punishment cell, transfer to a cell-type room, separate cell, single cell-type room and the transfer of the convict into strict conditions of serving the punishment. In addition to legal consequences, on the basis of legal practice, the author considers the following consequences: non-use of parole, non-use of amnesty, the ban to perform prison work without supervision etc. The methodology of the research bases on the general scientific (dialectical) method of knowledge and the formal-logical, systematic, comparative legal and other methods of scientific knowledge. Scientific novelty of the work is presented by the fact that the author identifies some problems of implementation of the legal consequences of transferring the convict recognized as a repeat infringer of the established service order to more stringent conditions in the practice of correctional institutions, and suggests ways of solving them at the legislative and enforcement levels.