Технологія застосування інструмента умовно-дострокового звільнення в аспекті соціально-виховної роботи із засудженими

Abstract

The article examines the issue of the institute of conditional early release from serving a sentence as one of the means of stimulating the convict’s behavior in terms of social and educational work. Social and educational work with persons, who are in places of deprivation of liberty is aimed at correction and resocialization, where a special role in correcting the convicts’ behavior is played by methods of motivation and stimulation of behavior, which include various incentives and benefits. The long-term practice of existence and application of the institution of conditional early release from serving a sentence has proved that the formations in the convicts’ minds of real prospects of conditional early release from serving a sentence creates favorable conditions for more effective correction and achievement of the criminal law purposes. To apply this norm, there must be 2 signs: the formal (legal) one presupposes the fact that the convict has served the part of the sentence, provided by law and factual (subjective) one, which presupposes that the convict must prove his correction by conscientious behavior and attitude to work. Conscientious behavior, conscientious attitude to work and to study, active participation in the work of amateur organizations is recognized as a reference point for determining that the convict “proved his correction”. Conscientious behavior should provide not only for the convict to have incentives but also to prove that the convict gives an example of behavior for other convicts. Conscientious attitude to work implies the convict’s desire to exceed the established norms of production or exemplary performance of work, as well as compensation for damages caused by the crime and the provision of material assistance to the family or the payment of claims. However, despite the relevance and duration of the process of conditional early release from serving a sentence, there are a number of issues regarding the technology of its application, determining the degree of correction in deciding on the application of this benefit, consideration of materials by the court at the request of the convict, along with the preparation of necessary materials for the court. Key words: social and educational work, conditional early release, technology of application, stimulation of behavior of convicts.