343.13
In the protection of human rights, compensation for harm caused by a crime is important. This constitutional obligation of the State is to a certain extent ensured by the current legislation, including criminal and operational investigative legislation. However, the practice of executing claims while serving sentences by convicts indicates a low level of compensation for harm. The analysis of the penal enforcement legislation makes it possible to establish unused reserves. The purpose of the study was to consider the process of ensuring compensation for harm caused as a result of the commission of crimes as a task of carrying out operational investigative activities in the execution of sentences in the form of imprisonment. The author suggests specific measures to improve criminal legislation and legislation regulating operational investigative activities in correctional institutions.
operational investigative activities, criminal law, convict, compensation for harm, victim, penal enforcement law, human rights
1. Bekkaria, Ch. 1939, On crimes and punishments, Moscow.
2. Belyukova, T. I. 2019, ‘Some problems arising in the process of execution of deferred punishment under Article 82 of the Criminal Code of the Russian Federation, and ways to solve them’, Bulletin of Tomsk State University, Law, iss. 25, pp. 41–46.
3. Vedernikova, L. V. 2016, ‘Gratuitousness as a sign of taking possession of entrusted property’, Bulletin of Tomsk State University, Law, iss. 3, pp. 13–17.
4. Gnedova, N. P. 2018, ‘Some aspects of improving operational investigative activities in correctional institutions’, Bulletin of the penal enforcement system, iss. 5, pp. 13–17.
5. Grishko, A. Ya. 2017, ‘Compensation for harm caused by a crime: setting a problem’, Administrative law and process, iss. 10, pp. 56–60.
6. Mirusin, N. S. 2017, ‘Labor in places of deprivation of liberty in the perception of convicts and correctional officers’, Criminal Justice, iss. 10, pp. 97–104.
7. Seliverstov, V. I. 2016, ‘Changes in penal enforcement policy and penal enforcement legislation in the field of execution of deprivation of liberty’, Bulletin of Tomsk State University, Law, iss. 2, pp. 69–81.
8. Smirnova, I. G. 2020, ‘Protection of property interest in criminal proceedings of the Russian Federation and Japan: comparative legal analysis’, Bulletin of Tomsk State University, Law series, iss. 135, pp. 122–126.
9. Frolov, A. N. 2018, The mechanism of influence of transformed legal consciousness on the content and implementation of law in modern Russia: PhD thesis (Law), N. Novgorod.