Certain aspects of exemption from serving a probationary sentence

Abstract

The article examines certain aspects of the application to the convict of release from serving a probationary sentence. It is worth noting that recently there has been a tendency in the state to expand the scope of the application of punishment without deprivation of liberty as one of the directions of the criminal policy of our state. The author analyzes the criminal law, legislative and practical aspects of assigning supervision to persons released from serving a probationary sentence, and determines the strategic and tactical purpose of its implementation.
 In the course of the study, the essence of exemption from serving a sentence with probation was determined, its purpose, and it was also clarified what grounds are sufficient and necessary for exemption from serving a sentence with probation.
 The scientific positions of scientists who, in different years, studied “Exemption from serving a sentence with probation” from different positions were analyzed. It has been proven that among scientists who have studied the issue, there is no consensus regarding the legal nature and essence of such an institution as exemption from serving a sentence. The range of scientific positions starts from equating release from serving a sentence with probation and criminal punishment to the formation of an independent legal institution “Probation” in criminal legislation, which will provide for the legal grounds for the use of release from serving a sentence with probation and the consequences of applying this type of release from serving a sentence. Taking into account the assets of the modern science of criminal law, on the basis of the research results of such an institute, criminologists have given their own vision of the content of release from serving a sentence with probation.
 In order to improve this institution, preventive measures can be developed and implemented, which relate to the problems of control over the execution of criminal punishment.