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Disciplinary offenses of prisoners on legislation Spain
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Subject of research: a disciplinary offense is a legal basis for bringing prisoners to justice.
Purpose of the study: formulation of proposals about the possibility of using the Spanish experience in improving the penal enforcement legislation of Russia.
List of methods and objects of research. To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used. The methods content analysis was used in the study Decisions of the Constitutional Court of Spain, Provincial Penitentiary Courts. Logical and systemic-structural methods they were used in the study of the construction of disciplinary offenses in regulatory documents. The comparative legal method was used when comparing Spanish and Russian norms on disciplinary offenses.
Conclusions based on the result of the study: 1) particularly grave offenses, grave offenses and minor offenses are provided for in the regulatory legal acts of Spain; 2) the content of many offenses intersects with the elements of a crimes. This causes conflict branch of law. Simultaneous application of disciplinary punishment and criminal punishment is permissible under certain conditions; 3) types of disciplinary offenses pose a challenge of their separation from each other, which requires judicial intervention and interpretation; 4) the Spanish experience may be taken into account in the formation of the domestic system of disciplinary offenses.
Title: Disciplinary offenses of prisoners on legislation Spain
Description:
Subject of research: a disciplinary offense is a legal basis for bringing prisoners to justice.
Purpose of the study: formulation of proposals about the possibility of using the Spanish experience in improving the penal enforcement legislation of Russia.
List of methods and objects of research.
To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used.
The methods content analysis was used in the study Decisions of the Constitutional Court of Spain, Provincial Penitentiary Courts.
Logical and systemic-structural methods they were used in the study of the construction of disciplinary offenses in regulatory documents.
The comparative legal method was used when comparing Spanish and Russian norms on disciplinary offenses.
Conclusions based on the result of the study: 1) particularly grave offenses, grave offenses and minor offenses are provided for in the regulatory legal acts of Spain; 2) the content of many offenses intersects with the elements of a crimes.
This causes conflict branch of law.
Simultaneous application of disciplinary punishment and criminal punishment is permissible under certain conditions; 3) types of disciplinary offenses pose a challenge of their separation from each other, which requires judicial intervention and interpretation; 4) the Spanish experience may be taken into account in the formation of the domestic system of disciplinary offenses.
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