Пенитенциарная наука (Jun 2023)

Ways to improve the application of early release from serving a sentence

  • Brilliantov A.V.,
  • Babayan S.L.

DOI
https://doi.org/10.46741/2686-9764.2023.63.3.002
Journal volume & issue
Vol. 17, no. 2 (62)
pp. 245 – 253

Abstract

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Introduction: the article discusses and analyzes ways to improve the complex institution of long-term release from serving a sentence as an important means to promote law-abiding behavior of convicts. A large number of petitions for the application of such types of release from further serving of punishment as parole and commutation indicates their practical significance. The relevance of the topic under study is determined by the Concept for the development of the penal system of the Russian Federation up to 2030, one of the directions of which is to improve the penal policy in order to humanize it, including through the use of various means of incentive influence. Purpose: to substantiate the need for the development of a comprehensive institution of release from serving a sentence, as well as to formulate specific proposals for improving the use of various types of release from serving a sentence and to argue their expediency. Methods: statistical, comparative legal, method of interpretation of legal norms, theoretical methods of formal and dialectical logic. Results: it seems that the institution of early release from serving a sentence occupies a special place in the system of mechanisms for achieving the goals of correcting convicts and preventing them from committing new crimes and contains significant potential, the implementation of which will improve and boost effectiveness of the execution of criminal penalties. The analysis of the current regulation of this institution has revealed a number of problems and difficulties in law enforcement in terms of the use of various types of early release from serving a sentence. Their resolution is an important task of the science of criminal and penal law and contributes to further humanization of the modern penal policy of Russia. Conclusions: as a result of the conducted research, the need for the development of a comprehensive institution of release from serving a sentence is substantiated and ways of improving it through amendments to criminal and penal legislation are proposed.

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