A.V. Skiba, A.P. Rodionov

Legal Status of Prisoners Sentenced to Deprivation of Freedom during Forced Feeding

2018. No. 4. P. 216–234 [issue contents]
Forced feeding of convicts sentenced to imprisonment is one of the forms of interactionbetween administration of correctional institution and the prisoner. Social relations thatdevelop in connection with the forced feeding of convicts sentenced to imprisonmentare theoretically poorly studied and have numerous shortcomings, primarily stemmingfrom their legislative regulation (essence of incarcerated convicts’ forced feeding wasn’tnot clearly determined; form of the refuse of Incarcerated convicts from food also wasn’testablished; appropriate legislative regulation of legal status of convicts, appropriateofficials of the correctional institution and etc. is absent). In fact, only part 4 of article101 of the Penal Code of Russian Federation is the legislative basis for forced feeding ofsentenced convicts, in which the grounds for the use of forced feeding include the refusalof the convict to eat and the threat to his life, and the conditions of his appointment — thepresence of medical evidence. In connection with the presence of deficiencies in theirregulation of Penal Code of Russia and other normative acts, prison administration is notalways able to respond adequately to such actions of convicts. In connection with thedefects of their regulation in the Penal Code of Russia and other normative legal acts, theprison administration is not always able to respond adequately to such infringing actionsof convicts. Comprehensive series of practical and legal measures (in the context ofachievement of correction and prevention of commission of new crimes as the purposes ofthe penal legislation) aimed on the improvement of incarcerated convicts’ forced feedingwere formulated: a list of subjects that implement it; simultaneously improvement of thelegal status regulation of prisoners and the subjects of its application was proposed; it isrecommended to divide it on four stages each of which will have its own boundary andspecific area of legal relations; was proposed to improve the recovery of costs associatedwith refusal of food from the convicts.
Citation: Skiba A., Rodionov A. (2018) Pravovoe polozhenie osuzhdennykh k lisheniyu svobody pri ikh prinuditel'nom pitanii [Legal Status of Prisoners Sentenced to Deprivation of Freedom during Forced Feeding]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 216-234 (in Russian)
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