Противодействие рецидивной преступности в России: проблемы и перспективы

Abstract

Introduction: the implementation of the penal purpose declared in Russian legislation, i.e., the correction of the convicted person, is a problem that does not lose its relevance, which is partly due to the negative dynamics of recidivism. Purpose: based on research into the initiating causes of recidivist offenders’ behavior, to determine the measures capable of reducing recidivism. Methods: the methodological framework of the research is based on dialectical materialism; the study employed general scientific methods (systemic structural, Aristotelian, inductive and deductive, analysis and synthesis) as well as special methods (legalistic, formal‐logical). Results: the paper proposes several statutory and law enforcement measures as those having the potential to decrease the level of recidivism: legal formalization of the compensation for property and moral damage as a condition for probation (Article 73 of the Criminal Code of the Russian Federation) in order to motivate the convicted to cover for all the damage caused; a significant expansion of the practice of ordering treatment for alcohol and drug addiction; an extension and unification of the practice of applying Part 5 of Article 86 of the Criminal Code through the explanation by the Supreme Court of the Russian Federation of the term ‘exemplary conduct’; stimulating the convicted to receive secondary‐level vocational education in the reform facilities as well as to receive higher education after release, etc. Currently, integration of the probation system into Russian legislation and practice seems inappropriate due to the uncertainty with regard to the nature of probation and the prospects for creating such an integral system in Russia given the objectives that the relevant authorities are already implementing under the conditions of limited funding. Conclusion: the implementation of the specified measures can reduce the level of recidivism only to some extent because the determination of recidivist behavior is largely explained by general social problems, addressing which appears to be of primary importance. It seems promising to use some certain probational methods in relation to the categories of criminals whose conduct can be changed.