CIVIL RESPONSIBILITY OF PENAL SYSTEM OFFICIALS IN RUSSIA FOR ILLEGAL USE OF PHYSICAL FORCE, SPECIAL MEANS AND WEAPON AND WAYS OF SOLVING THE PROBLEM
Rubrics: ADMINISTRATIVE PRACTICE
Authors:
1.
Akademiya FSIN Rossii
Type:
Article
Pages:
from 390
to 393
Status:
Published
Received:
23.01.2019
Accepted:
08.01.2023
Published:
28.09.2017
Subject area:
UDK 343.83
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
civil responsibility, infliction of harm, penal system, use of physical force, special means and weapon
Abstract (English):
The article touches upon the problem aspects and features of the institute of civil responsibility of penal system officials in Russia for the harm they do as a result of using physical force, special means and weapon while fulfilling their functions at work. The author points out a number of directions of development of this legal institute and offers the solution of the problem; indicates the problems of civil character connected with application of security measures by penal system officials and also ways of solving these problems; makes an attempt to define aspects, relevant in practice of the Federal Penal Service, taking into account the role of penal system officials in Russia and the persons which are hold in institutions of the Federal Penal Service.Regarding civil responsibility this institute has non-contractual character and treats special delict. The article draws attention to the absence in the Civil code of the Russian Federation of special norms governing the relations which can arise between penal system officials as special subjects and persons which are hold in institutions of the Federal Penal Service, and other persons at execution their functions at work taking into account specifics of functioning of institutions of the Federal Penal Service.The author speaks about indemnification in case of loss of working capacity by the affected person at damage of health as a result of illegal application by penal system officials of physical force, special means and weapon and also compensation of moral harm by the perpetrator.Certain vectors of development of the existing Russian legislation are offered and concrete recommendations about improvement of control devices from positions of mode and supervision organization in institutions of the penal system are also made.The considered problems of civil responsibility of penal system officials for the harm done at use of physical force, special means and weapon have their specifics and a number of debatable aspects. Further it is advisable to consider aspects of legislative regulation of institute of the indemnification caused by penal system officials at illegal application of security measures, to formulate and prove conclusions and suggestions for improvement of the existing Russian legislation in this sphere.
The article touches upon the problem aspects and features of the institute of civil responsibility of penal system officials in Russia for the harm they do as a result of using physical force, special means and weapon while fulfilling their functions at work. The author points out a number of directions of development of this legal institute and offers the solution of the problem; indicates the problems of civil character connected with application of security measures by penal system officials and also ways of solving these problems; makes an attempt to define aspects, relevant in practice of the Federal Penal Service, taking into account the role of penal system officials in Russia and the persons which are hold in institutions of the Federal Penal Service.Regarding civil responsibility this institute has non-contractual character and treats special delict. The article draws attention to the absence in the Civil code of the Russian Federation of special norms governing the relations which can arise between penal system officials as special subjects and persons which are hold in institutions of the Federal Penal Service, and other persons at execution their functions at work taking into account specifics of functioning of institutions of the Federal Penal Service.The author speaks about indemnification in case of loss of working capacity by the affected person at damage of health as a result of illegal application by penal system officials of physical force, special means and weapon and also compensation of moral harm by the perpetrator.Certain vectors of development of the existing Russian legislation are offered and concrete recommendations about improvement of control devices from positions of mode and supervision organization in institutions of the penal system are also made.The considered problems of civil responsibility of penal system officials for the harm done at use of physical force, special means and weapon have their specifics and a number of debatable aspects. Further it is advisable to consider aspects of legislative regulation of institute of the indemnification caused by penal system officials at illegal application of security measures, to formulate and prove conclusions and suggestions for improvement of the existing Russian legislation in this sphere.
Keywords:
civil responsibility, infliction of harm, penal system, use of physical force, special means and weapon
civil responsibility, infliction of harm, penal system, use of physical force, special means and weapon
1. Bazylev, B. T. Yuridicheskaya otvetstvennost' [Tekst] / B. T. Bazylev. - Krasnoyarsk, 1985
