Условно-досрочное освобождение от отбывания наказания и его применение

Abstract

The release on parole from serving sentence is the important institute of criminal law, stimulating law-abiding behavior of persons, committed a crime and condemned to imprisonment. The existing Criminal Сode of the Russian Federation allows any condemned to imprisonment to petition for the release on parole, including condemned to lifelong imprisonment. Given opportunity testifies to humanism and liberalism manifestation in relation to condemned and is undoubted achievement of the legislator. On application of the release on parole from serving sentence it is important not only to allow the persons, which have followed a way of correction, to leave imprisonment places ahead of schedule, but also, on the contrary, not to allow an early release of persons who actually didn´t follow a correction way. The solution of the problem is possible thanks to joint efforts of the legislator and law enforcers. In the article on the basis of the analysis of scientific legal literature and jurisprudence theoretical and practical problems of application of the release on parole from serving sentence are considered. Frequent changes of the article 79 of the Criminal Code of the Russian Federation, testifying to lack of system approach of the legislator in the solution of the question of the release on parole are subjected to the critical analysis. The specified problem in the aggregate with the lack of uniform law-enforcement practice, according to the author, reduce value of the release on parole as incentive institute of the criminal law stimulating condemned to the law-abiding behavior.