Выпуск №4

Review of the Legal Positions of the ECHR on the Conditions of Russian Sentences on Transportation Conditions

Авторы:

Giunel V.k. Gamidova

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Информация о статье:

Тип статьи: Юриспруденция

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Для цитирования:

Giunel V.k. Gamidova ‘Review of the legal positions of the ECHR on the conditions of Russian sentences on transportation conditions’ Ural Journal of Legal Research, 2021, No. 4. pp.28-37. DOI 10.34076/2658_ 512X_2021_4_28

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Аннотация:

The article points to the existence in the Russian Federation of an acute problem associated with the transfer of convicts. Despite the fact that de jure the activity of the Penal system of the Russian Federation is carried out on the principles of legality, humanism, respect for human rights; de facto - complaints from convicted persons about the transportation process in the Russian Federation are among the three most common complaints filed with the European Court of Human Rights (ECHR). In the spring of 2019, due to the mass appeals of convicts from the Russian Federation with complaints about the conditions of transfer, the ECHR had to issue the ‘’pilot judgment’’ based on the complaint of A.G.Tomov, Y.V.Punegova, N.B.Kostromina, E.N.Rakov, D.L.Vasiliev, N.K.Roshk and N.V.Barinov (The case of Tomov and Others v. Russia). The main conclusions in the above-mentioned judgment of the ECHR were as follows: the fact of violation of Art. 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms when transferring Russian convicts; appropriate compensations have been assigned to each applicant of the complaint; the systemic nature of the existing problem is noted and its causes are determined; the ways of solving these problems are proposed, with the establishment of the deadline for the execution of the Judgment of up to 18 months; suspend proceedings on all complaints against the Russian Federation, in which the main issue is the conditions of transport of prisoners, until a certain period. The conducted research allows us to note that the Russian Federation has to do laborious work related to reforming the Penal system, bringing the conditions of transportation of convicts, accused and suspects in line with international standards and national principles for the implementation of activities for the execution of sentences. At the same time, work is to be done both at the legislative and law enforcement levels. At the moment, we see that the state is already taking certain steps to reform the system.

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Список цитируемой литературы:

1. Sergeev D. N. Problems of criminal-legal isolation: monograph. Moscow, Prospect Publ., 2020, - p.112 Available at: http://ebs.prospekt.org/book/43132 (Accessed October 11, 2021) (in Russian)

2. The most common violations of the Convention for the Protection of Human Rights and Fundamental Freedoms in the Russian legal system that can be brought to the European Court of Human Rights. Available at: https:// gulag-info.ru/soobshhenija-o-narushenijah/66- http-gulaginfonet-addnewshtml.html (Accessed October 11, 2021) (in Russian)

3. In the same railway coach with prisoners: what awaits on the way to the colony. The Moskovskij Komsomolets news Agency. Available at: https:// www.mk.ru/social/2016/04/04/v-odnom-vagones-zekami-chto-zhdet-osuzhdennykh-na-puti-vkoloniyu.html (Accessed October 11, 2021) (in Russian)

4. The convicts will be escorted in more comfortable special railway coaches. Available at: https://fsin. gov.ru/news/index.php?ELEMENT_ID=534735 (Accessed October 11, 2021) (In Russian)

5. The Prison Department will receive new railway coaches for transporting prisoners. The Rossiyskaya Gazeta news Agency. Available at: https://rg.ru/2020/01/09/tiuremnoe-vedomstvopoluchit-novye-vagony-dlia- perevozkizakliuchennyh.html (Accessed October 11, 2021) (in Russian)

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Ключевые слова:

European Court of Human Rights (ECHR), practice of the ECHR, principles of the Penal system in the Russian Federation, complaints of Russian convicts, conditions of transportation of convicts, the transfer of convicts

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