Гуманитарные и юридические исследования (Sep 2021)
PROBLEMS OF PRACTICAL APPLICATION OF EARLY PAROLE FOR PERSONS HELD IN PLACES OF CONFINEMENT (ON MATERIALS OF REPORTS OF THE COMMISSIONER FOR HUMAN RIGHTS IN STAVROPOL REGION)
Abstract
In the world, the coninement to imprisonment is considered the most severe punishment for crimes. In general the humanization of Russian criminal legislation is proclaimed, namely the exclusion of the courts of the purpose of such punishment as the death penalty, still the practice of punishment in form of imprisonment for a fixed term often suggests that the majority of prisoners leave it «from start to inish». The article discusses the issues of enforcement practice in Russia in general and in the Stavropol region in particular, one of the institutions of criminal law, release from punishment and, in particular, early parole (UDO) from further punishment in form of imprisonment. Judicial practice on granting parole suggests that the courts, despite the rationale of this measure as a manifestation of humanity in relation to the stumbled citizens with the moans of the state, granted by the law for various reasons (even directly specified in the law), do not release the prisoners from the prison. Parole is encouraged by the resolution of Plenum of the Supreme Court of the Russian Federation No. 8 of April 21, 2009 «On judicial practice of early parole from punishment serving, replacement of the unserved part of punishment by softer kind of punishment» (with subsequent amendments made). Statistics on this type of release from punishment is provided, critical analysis is made.
