Abstract: The article includes complex analysis of the problems regarding application of the institution of housing convicts outside penitentiary institutions. The structure of the article presupposes consecutive uncovering of one problem regarding application of the said institution, analysis of the approaches of various legal scholars towards this problem, the opinion of the author and possible solutions for the said problem by amending current criminal penal legislation, then attention is moved towards another problem. All of the propositions on improvement of criminal penal legislation on housing of convicts outside penitentiary institutions are substantiated based upon the analysis of the legal scholars specializing in penitentiary law, as well as the results of the polls by the author among the staff of penitentiary institutions of various regimes, as well as the convicts in these institutions. The article provides theoretical and legislative models for the preservation of the institution of housing of the convicted criminals outside penitentiary institutions within the framework of the Conception for the Development of Criminal Penitentiary System of the Russian Federation till 2020.

Keywords: social adaptation, correction of convicts, priority conditions, stimulation of behavior, approving measures, approving institutions, change of conditions, housing of convicts, degree of correction, lessened isolation.

Abstract: The article concerns new conceptual provisions on reeducation of the convicted felons serving terms for violent crimes (including crimes against entrepreneurs) in penitentiary institutions, which is based upon the legislatively provided compulsory moral and spiritual education, and post-penitentiary prophylactics of offences among the persons who have served their terms at penitentiary institutions. For this purpose the author offers to amend a number of provisions of the Criminal Penal Code of the Russian Federation, including Art. 9 («education work should be implemented based upon spiritual and moral bases»); 109 («The daily regime of a penitentiary institution should (previously «may») include education events»); 110 («Penitentiary institutions implement spiritual and moral (previously «moral»), legal, labor-related, physical and other education of convicts in penitentiary institution for their correction»), and also he offers to amend Chapter 15 «Education influence on the convicts punished with deprivation of freedom») with Art. 112.1 «Spiritual and moral education of convicts punished with deprivation of freedom». He also offers to improve post-penitentiary prophylactics with the involvement of the former MIA staff with the future transfer to the State Probation System.

Keywords: violent crimes, entrepreneurs, spiritual and moral education, post-penitentiary prophylactics, probation, penitentiary institution, reeducation of convicts, efficient correction, punishment and education influence, criminal subculture.

Abstract: The article concerns the experience of detention of the HIV-positive prisoners in the US prisons. The authors compare the quantity of prisoners in the USA (data for 2010) and the number of detained HIV-positive persons In the US prisons. The authors also provide the data for Russia (for the comparative purposes) on the spread of the HIV (AIDS) in Russia and the criminal detention centers and prisons (pre-trial detention centers, colonies, prisons). The authors analyze the American legislation, Including the federal laws, the laws of the District Columbia, Puerto Rico and 50 US states. The authors also show the criminal responsibility for the spread of the disease and punishment for it. It is noted that the HIV-positive persons still bears responsibility even if the virus was not transmitted. The authors also provide typical examples on legislation on HIV — positive person, as provided for by the media. The article also concerns judicial and penitentiary systems In various US states and various districts, which have their own criminal legislation. The authors provide Interesting data on the conditions of detention and imprisonment of the HIV — positive persons, and implementation of the programs for lowering the level of harm (including the personnel) in the US prisons. The article contains positive conclusions on the use of positive experience of the USA in the Russian penitentiary system.

Keywords: jurisprudence, Russia, the USA, convicts, prisoners, statistics, HIV — infection, AIDS, testing, prisons.

Abstract: The article includes complex analysis of the institution of housing the convicts outside the correctional institutions; the author shows the existing problems and offers the ways for the reforms of this institution. The author views various positions of the legal scholars, who specialize in penitentiary law, on the institution of housing of convicts outside the penitentiary institutions. The author also provides comparative analysis of this institution and the related institutions in the criminal penal law, such as benefits and changes of conditions of serving a sentence. The author then provides the grounds for the recognition of independence of this institution; he provides the definition of this institution, and he proposes to include a new article into the Criminal Penal Code of the Russian Federation. He discusses the topicality of this institution, as well as the need for its transformation within the framework of the modern penitentiary legislation. The author supports the position that the institution of housing of convicts outside penitentiary institution strongly stimulates the convicts towards correction and facilitates their social adaptation to the law-abiding life.

Keywords: jurisprudence, correction, stimulation, adaptation, isolation, benefit, individualization, differentiation, reform, humanization.