Abstract

The article examines the issues law enforcement officers face when fulfilling prohibitions and restrictions in the supervision of persons sentenced to punishment in the form of restriction of liberty. The dynamics of the number of persons sentenced to such punishment for the period from 2010 to 2022 was studied, and it was inferred that to date this type of punishment has not been widely used. The order of supervision over the execution of restrictions imposed by a court verdict is considered: restrictions on changing the place of residence or stay without the consent of the specified specialized state body; restrictions in the form of a ban on leaving the territory of the relevant municipality; a ban on leaving the place of permanent residence (stay) at a certain time of day; a ban on visiting places of mass and other events and participating in these events. To consolidate the stated positions, the authors provide examples from law enforcement practice. Based on the identified problems of controlling the above restrictions, it is proposed to consider the possibility of supplementing Article 50 of the Criminal Code of the Russian Federation with a clause allowing the executive body to give consent to convicts to change their place of residence after release from a correctional colony. The analysis of the severity of crimes committed by persons sentenced to punishment in the form of restriction of freedom is carried out, on the basis of which it is proposed to form a list fixing the priority of using SAMPLE equipment to certain categories of persons released from places of deprivation of liberty, namely: those released from places of deprivation of liberty; those who committed grave and especially grave crimes; those who committed crimes against sexual freedom and inviolability; those who have committed repeated crimes; those who have committed crimes that have a public resonance, etc. Having studied the law enforcement practice of exercising control over the restrictions imposed by a court verdict, the authors highlight the need to consolidate in Item 33.1 of Order of the Ministry of Justice of the Russian Federation No. 258 dated 11 October 2010, On Approval of the Instructions for Organizing the Execution of Punishment in the Form of Restriction of Liberty, the concepts of mass events, other events and participation in them. In addition, it is noted that the courts, when passing sentence, prescribe a specific type of mass events or impose the specified restriction on convicts who have committed violations of the order and conditions of serving their sentences, on the recommendation of the Criminal Investigation Department, and indicate the type of mass event that the convict is prohibited to attend and to participate in it.

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