THE STATUS OF SCIENTIFIC RESEARCH OF PROBLEMS AND APPROACHES FOR DETERMINATION OF THE ESSENCE OF ADMINISTRATIVE AND LEGAL REGIME IN THE FIELD OF PUNISHMENTS EXECUTION ORGANIZATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
This article presents the necessity of scientific research of problems and approaches to determine the essence of administrative and legal regime in the field of punishments execution organization. The main laws and regulations are determined, which are establishing and defining the powers of officials of the State Penitentiary Service of Ukraine, to ensure the organization of administrative and legal regimes, the scientist views of their constituents and legal nature are analyzed. Come to a conclusion, that up to date, we haven’t clear approaches to definition of «Concept», «Conceptual approach», «Conceptuality of the field development of punishments execution organization», that’s why the mentioned above question is of particular relevance in the study of law of development and administrative regime activities in the field of punishments execution organization under current conditions. Examining the legal literature, concluded, that at present there is no sphere of governance which would have applied administrative and legal regimes. With administrative and legal regimes in the field of punishments execution organization are described competent authorities, agencies, and their officials manage the penal relationships, in other words they provide determinate order. Established, that the term «order» and «regime» is widely used in the management of punishments execution organization, and includes the objective interconnected complex of appropriate measures. Concluded that the administrative and legal regime in field of punishments execution organization are a special kind of administrative and legal regimes, they are characterized by normativity in defining the components of public bodies, engaged in fundamental mode and the consolidation of the various components to determine the content of the regime. Determined, that the legal regime of the penal activity is seen as a fundamental legal category which relates to administrative and legal regime of administration of penal institutions as a general and special.
Authors and Affiliations
В. В. Карелін
Keywords
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