"LEGAL GUARANTEES" AS A PROBLEM OF THE THEORY OF CRIMINAL-EXECUTIVE LAW
ROZA ABRAHAMYAN
Lecturer at YSU Chair of Criminal Law
DOI: https://doi.org/10.59546/18290744-2024.7-9-92
Annotation.
An attempt the article was made to adopt criminal law guarantees, firstly, as a positive normative system (a category of legislative regulation), and secondly, in connection with the adoption of a decision in the public assembly (under the constitution, criminal law guarantees), as a new direction of criminal -legal thought the formation of a socially just purpose of law. As a result, a theoretical model-concept "On Criminal Legal Guarantees" was compiled, which allows forming in the whole institution of criminal legal guarantees and the norms that form it, linking the norms-guarantees with each other, with other norms and institutions and basic provisions, management concepts. legislation in the framework of the criminal law guarantees.
It is necessary to pay attention to legal guarantees of ensuring the freedom of convicted persons. These guarantees are of particular importance when serving a prison sentence. In this case, it is necessary to take into account the different legal content of «legal guarantees».