Nesterov, A.Yu. Systematization and substantiation of the fundamental rights and freedoms of juvenile convicts: the penal aspect. Bulletin of the National Academy of Sciences of the Republic of Kazakhstan. 2021. Vol. 5. No. 393. Pp. 177-184.

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The article provides the substantiation and systematization of the basic constitutional rights and freedoms of juvenile convicts who are, by court decision, in places of confinement. First of all, the author is determined with such concepts as legal status, legal (social) status of a convicted person, and comes to the following conclusion that in the theory of law and the doctrine of criminal executive law in Russia, these concepts are presented as equivalent. In its most general form, the legal status of convicted juveniles is the position of convicts regulated by the norms of various branches of law while serving a criminal sentence of imprisonment. The foundations of the legal status of convicted juveniles are enshrined in international legal acts, such as: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and other international sourcesrights. Thus, under the legal status (status) of convicted juveniles, the author defines a set of legal elements (duties and rights, legitimate interests and legal restrictions) expressing the specifics and determining the content of the position of convicts while serving a sentence of imprisonment in an educational colony of the Federal Penitentiary Service of Russia. Based on the results of theoretical, methodological and empirical research, the author introduces into scientific circulation such a concept as the Educational Center of the Federal Penitentiary Service of Russia. Conclusions are drawn, and the modernized infrastructure of the Russian penal system is determined. The article was prepared in the scientific specialty of the Higher Attestation Commission of the Ministry of Science and Higher Education of the Russian Federation: 12.00.08 - “Criminal law and criminology;penal law. The presented material in the publication does not contain information related to state secrets of the Russian Federation.

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Аннотация

The article provides the substantiation and systematization of the basic constitutional rights and freedoms of juvenile convicts who are, by court decision, in places of confinement. First of all, the author is determined with such concepts as legal status, legal (social) status of a convicted person, and comes to the following conclusion that in the theory of law and the doctrine of criminal executive law in Russia, these concepts are presented as equivalent. In its most general form, the legal status of convicted juveniles is the position of convicts regulated by the norms of various branches of law while serving a criminal sentence of imprisonment. The foundations of the legal status of convicted juveniles are enshrined in international legal acts, such as: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and other international sourcesrights. Thus, under the legal status (status) of convicted juveniles, the author defines a set of legal elements (duties and rights, legitimate interests and legal restrictions) expressing the specifics and determining the content of the position of convicts while serving a sentence of imprisonment in an educational colony of the Federal Penitentiary Service of Russia. Based on the results of theoretical, methodological and empirical research, the author introduces into scientific circulation such a concept as the Educational Center of the Federal Penitentiary Service of Russia. Conclusions are drawn, and the modernized infrastructure of the Russian penal system is determined. The article was prepared in the scientific specialty of the Higher Attestation Commission of the Ministry of Science and Higher Education of the Russian Federation: 12.00.08 - “Criminal law and criminology;penal law. The presented material in the publication does not contain information related to state secrets of the Russian Federation.

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• Nesterov A.Yu. Features and problems of post-prison adaptation of juvenile convicts: methods and ways to Overcome them. Bulletin of National Academy of Sciences of the Republic of Kazakhstan, 2020, Vol. 4, Issue 386, pp. 251–264. DOI: https://doi.org/10.32014/2020.2518-1467.126

 

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