Problems of Understanding, Registering, Systematizing Sources of Modern Russian Penitentiary Law: Review of Reports and Speeches

The article reviews speeches made at the interregional round table “Sources of Modern Penitentiary Law of Russia” (Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia, January 17, 2023) to streamline new information, critically assess the contribution of reports to scientific discussions, identify research trends and determine problematic aspects. This paper reveals theoretical issues of the concept, essence and system of sources of penitentiary law. Attention is drawn to the necessity to build a typology of penitentiary law sources. The article substantiates the relevancy of distinguishing between typical and atypical sources and the existence of the latter due to the actualization of manifestations of “living” law associated with the rule-making practice of issuing subordinate acts of departmental rulemaking, clothed in very vague attributive forms (letters, recommendations, instructions, etc.) or expressed in the form of an oral order of commanding officers. It is proposed to consider the role of “quasi-sources” that reflect the law-making orientation of individual decisions of the Supreme and Constitutional Courts in the sphere of their law enforcement activities. Close attention is paid to the problem of technical and legal quality of penitentiary law sources. Attention is focused on risks of applying a broad approach to the concept “legislation”, features of the concept of legal culture of penitentiary law sources, forms of manifestation of law and order in the penitentiary law sources system, the role and correlation of sources of international and penitentiary law, characteristics of anti-corruption and delegated legislation in the system of penitentiary law sources.