Совершенствование нормативно-правового регулирования в сфере исполнения уголовных наказаний при введении пробации

Abstract

The Federal Law “On Probation in the Russian Federation” is considered in the article as part of the improvement of legal regulation in the field of execution of criminal penalties. The article analyzes the signs according to which the Law on Probation should be evaluated as a model law that creates a general probation system as a set of measures aimed at providing assistance to persons serving (having served) criminal sentences and finding themselves in a difficult life situation. The Law on Probation expands the field of penal enforcement law, as evidenced by the provisions establishing the list of persons to whom probation is applied, the organization and implementation of the functions of post-penitentiary probation by institutions of the penal enforcement system of Russia, the connection of the main directions of probation with means of correction. The implementation of the Law on Probation provides for the need to prepare separate regulatory legal acts (determined by the Apparatus of the Government of the Russian Federation), a list of which is given in the article. Their publication is aimed at implementing not only the provisions of the Law on Probation, but also the rights of convicts established in the Penal Enforcement Code of the Russian Federation, as well as conducting educational work with convicts. Thus, the introduction of the institute of probation and the publication of normative legal acts aimed at implementing the Law on Probation, simultaneously provides for the improvement of regulatory and legal regulation in the field of execution of criminal penalties.