CONTENT AND FEATURES OF PROTECTING THE RIGHTS OF PERSONS SERVING CRIMINAL PUNISHMENTS

Abstract

It is emphasized that the unlawful behavior of those subjects who are 
supposed to ensure the rights of convicts is of a particularly dangerous nature, as 
it contributes to the latter's embitterment, their distrust not only of 
representatives of the state, but also of such categories as «humanity», «dignity», 
«human rights», etc. All this contributes to an increase in the risks of further 
unlawful behavior and a decrease in the opportunities for the full resocialization 
of persons serving criminal sentences. It is noted that the content of ensuring the 
rights of persons serving criminal sentences consists of various measures aimed 
at creating opportunities for the unhindered exercise of these rights. The range of 
relevant measures includes: first, a clear legislative definition of the scope of 
rights; second, the availability of procedural mechanisms for the exercise of such 
rights; third, determining methods of monitoring and supervision of the exercise 
by persons serving sentences of their rights; fourth, accessible and effective 
means and forms of protection of the specified rights; fifth, the definition of 
positive and retrospective responsibility of subjects authorized to ensure the 
implementation of these rights. 
It is argued that the features of ensuring the rights of persons serving 
criminal sentences are: first, the specific composition of the rights themselves 
(human and civil rights that are unlimited by law and court verdict, as well as the 
specific rights of a person as such, serving a certain type of sentence); second, the 
presence of increased risks of violation of such rights; third, the participation in 
this process of special subjects whose activities are aimed at observing the rights 
of persons serving criminal sentences.