СПЕЦИФИКА УЧЕТА БРАЧНО-СЕМЕЙНЫХ ОТНОШЕНИЙ ПРИ УСЛОВНО-ДОСРОЧНОМ ОСВОБОЖДЕНИИ ОТ ОТБЫВАНИЯ НАКАЗАНИЯ: ВОПРОСЫ ЗАКОНОДАТЕЛЬНОГО СОВЕРШЕНСТВОВАНИЯ

Abstract

The article is devoted to considering the specifics of taking into account marriage and family relations when considering the advisability of applying the institution of parole from serving a sentence in domestic and foreign criminal law. The article analyses the norms of foreign legislation governing issues of parole from serving a sentence, as well as a study of domestic criminal legislation and law enforcement practice on issues of parole. This analysis concluded that there are certain problems in the legal regulation of parole from serving a sentence, and judicial practice often demonstrates different approaches to solving tasks. In addition, the analysis made it possible for the author to argue that the courts practically do not impose obligations on the convicted person related to his marital and family relations. The author proposed changes to Part 2 of Art. 79 of the Criminal Code, according to which the courts, when applying parole, will be required to impose obligations on the convicted person. Among such duties, the author refers to the fulfillment of parental duties, obligations to care for elderly parents, as well as the obligation to provide material assistance to the family, to participate in the upbringing of a young child or to provide assistance (both material and other) to elderly parents if the convict does not take part in the life of loved ones.