CONSTITUTIONAL AND LEGAL ASPECTS OF REGULATION OF THE PROBATION SYSTEM IN RUSSIA
Rubrics: SCIENCE FORUM
Authors:
1.
Academy of the FPS of Russia
Russian Federation
Russian Federation
2.
FKU NII FSIN Rossii
Type:
Article
Pages:
from 175
to 183
Status:
Published
Received:
25.01.2024
Accepted:
20.02.2024
Published:
16.07.2024
Subject area:
VAC 5.1.1 Теоретико-исторические правовые науки
UDK 343.8 Исполнение наказания. Предупреждение преступлений
UDK 343.8 Исполнение наказания. Предупреждение преступлений
Language:
Russian
Keywords:
constitutional and legal nature of probation, system of legislation on probation, delimitation of the subjects of jurisdiction of the Russian Federation, financing of probation activities, constitutional principles of probation
Abstract (English):
The article presents an analysis of the constitutional and legal aspects of the regulation of a new probation institute for the domestic legal system, which was conducted in the following areas: research of the probation legislation system and its sectoral nature; clarification of the subjects of jurisdiction of the Russian Federation and its subjects in relation to the activities covered by the probation system; systematization of probation principles based on constitutional norms and regulations. It has been established that the ideas of re-socialization and social adaptation of persons released from prison are not fundamentally new to domestic legislation. The model of the Russian probation system in a format that has received legislative consolidation is based on the experience of the international community and foreign countries. Representing a complex interdisciplinary phenomenon and an integrated legal institution, the probation system includes a wide range of issues related both to the exclusive jurisdiction of the Russian Federation and to the joint jurisdiction of the Russian Federation and its subjects, which reflects the principle of federalism in its organization. The probation legislation system covers regulatory legal acts at the federal and regional levels. The constitutional principles of probation include the principles of humanism, federalism, the social nature of statehood, the independence of local governments, legality, the priority of human and civil rights and freedoms, and equality.
The article presents an analysis of the constitutional and legal aspects of the regulation of a new probation institute for the domestic legal system, which was conducted in the following areas: research of the probation legislation system and its sectoral nature; clarification of the subjects of jurisdiction of the Russian Federation and its subjects in relation to the activities covered by the probation system; systematization of probation principles based on constitutional norms and regulations. It has been established that the ideas of re-socialization and social adaptation of persons released from prison are not fundamentally new to domestic legislation. The model of the Russian probation system in a format that has received legislative consolidation is based on the experience of the international community and foreign countries. Representing a complex interdisciplinary phenomenon and an integrated legal institution, the probation system includes a wide range of issues related both to the exclusive jurisdiction of the Russian Federation and to the joint jurisdiction of the Russian Federation and its subjects, which reflects the principle of federalism in its organization. The probation legislation system covers regulatory legal acts at the federal and regional levels. The constitutional principles of probation include the principles of humanism, federalism, the social nature of statehood, the independence of local governments, legality, the priority of human and civil rights and freedoms, and equality.
Keywords:
constitutional and legal nature of probation, system of legislation on probation, delimitation of the subjects of jurisdiction of the Russian Federation, financing of probation activities, constitutional principles of probation
constitutional and legal nature of probation, system of legislation on probation, delimitation of the subjects of jurisdiction of the Russian Federation, financing of probation activities, constitutional principles of probation
1. Durnescu, I. 2008, ‘An exploration of the purposes and outcomes of probation in European jurisdictions’, Probation Journal, vol. 55, iss. 3, pp. 273–281.
2. Golodov, P. V. 2022, ‘Probation in the Russian Federation: some problems of maintenance and legal regulation’, Penitentiary science, vol. 16, iss. 2(58), pp. 194–203.
3. Huebner, B. M. & Shannon, S. K. S. 2022, ‘Private Probation Costs, Compliance, and the Proportionality of Punishment: Evidence from Georgia and Missouri’, RSF: The Russell Sage Foundation Journal of the Social Sciences, iss. 8(1), pp. 179–199.
