It is argued that the modern penitentiary system has a number of shortcomings related to the problems of legal regulation, the interaction of structural elements, as well as the bodies of the Federal Penitentiary Service with other bodies, the contradictions between the norms of the penitentiary and other branches of law. It is noted that the branch of penitentiary law has turned into an unbalanced system of norms, many of which do not correspond to the tasks and goals of the execution of punishment due to the fact that they are adopted to solve particular problems. The imperfections in the construction of the modern system of criminal and executive law, their impact on the existing law enforcement practice. As a result of a systematic analysis of legal norms, proposals were formulated to eliminate the indicated imperfections. The conclusion is made about the need for further codification of the penal legislation.

penal law, system of norms, criminal law impact, penal system, punishment

Barkhatova Ekaterina Nikolaevna – Candidate of Juridical Sciences, Associate Professor, Associate Professor of the Department of Criminal Law and Criminology, East Siberian Institute of the Ministry of Internal Affairs of Russia (10, Lermontov st., Irkutsk, 664071, Russian Federation), ORCID: 0000-0002-0381-5462, ResearcherID: ABA-3119-2020, e-mail: Solncevelvet@rambler.ru

Barkhatova E. N. Sistema ugolovno-ispolnitel'nogo prava: problemy, protivorechiya, resheniya [Criminal Executive Law System: Problems, Contradictions, Solutions] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2022, no 1(96), pp. 77–82. DOI 10.26516/2071-8136.2022.1.77. (in Russian).

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1. Barhatova E.N. Voprosy reglamentacii mekhanizma realizacii inyh mer ugolovno-pravovogo haraktera [Issues of regulation of the mechanism for the implementation of other measures of a criminal law nature]. Chelovek: prestuplenie i nakazanie [Human: crime and punishment], 2021, vol. 29, no. 1, pp. 90-100. (in Russian)

2. Zabavko R.A. Analiz praktiki naznacheniya nakazaniya za ekologicheskie prestupleniya [Analysis of the practice of sentencing for environmental crimes]. Advokatskaya praktika [Advocate’s Practice], 2017, no. 3, pp. 8-12. (in Russian)

3. Pravovoe regulirovanie ispolneniya nakazanij v Rossijskoj Federacii [Legal regulation of the execution of punishments in the Russian Federation]. S.V. Gabeev, M.K. Gaidai, R.A. Zabavko [et al.]. Irkutsk, East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2016, 168 p. (in Russian)

4. Ugolovnoe pravo. Obshchaya chast’. Nakazanie : Akademicheskij kurs v 10 tomah [Criminal law. A common part. Punishment: Academic course in 10 volumes]. V.N. Kufleva, S.V. Anoshchenkova, S.V. Polubinskaya [et al.]. Moscow, Yurlitinform Publ., 2021, 760 p. ISBN 978-5-4396-2195-8. (in Russian)