ЭВОЛЮЦИЯ МЕХАНИЗМА ИСПОЛНЕНИЯ АЛЬТЕРНАТИВНЫХ НАКАЗАНИЙ В МЕЖДУНАРОДНЫХ СТАНДАРТАХ XXI ВЕКА

Abstract

The article analyzes the provisions of international standards, namely the Recommendation of the Committee of Ministers on the Council of Europe Probation Rules of 2010 and the European Rules on Community Sanctions and Measures of 2017. The author examines the problems of differentiation and individualization of sentences and analyzes the provisions of international standards on nondiscrimination in the implementation of sanctions. Many factors of non-discrimination that are new to international standards (physical disabilities, ethnic origin, sexual orientation) can cause disputes in terms of the applicability of alternative sentences. Discussing the offender’s “consent” and the prospects for its use, taking into account the right of such an offender to appeal against the decisions and actions of probation officers, the author focuses on the activities of the implementation bodies, including work with victims, prevention of relapse, restorative justice, which is preferred nowadays in the foreign studies, and work with the convict’s family to develop a classification of powers depending on the action and scope of assistance to the offender. Having analyzed the positive and negative legal consequences of the convict’s non-fulfillment or improper fulfillment of the duties or conditions imposed by the competent authority, the author argues that the regulation of a conflict is possible in three ways: by sorting it out urgently at one’s own discretion, through administrative proceedings and in court, with the choice depending on the type of violation. The key aspect of alternative sentences is the effectiveness of their implementation. The article provides a list of such criteria, of which the relapse rate is considered an important one, and discusses the main problems of the “community” sanctions and measures faced by the implementation bodies. It is stated that the development of international standards of alternative sanctions has elaborated the procedure for their implementation, both by complementing the previously existing provisions and by including new ones.