Instrumental and legal nature of early release on parole from serving a sentence

Abstract

The article is devoted to the study of the peculiarities of the content of early release on parole as a comprehensive criminal law remedy. It is stated that the functional purpose of conditional early release on parole from serving a sentence is to achieve the goals necessary for society. From the point of view of the instrumental theory of law, it is determined that early release on parole from serving a sentence constitutes a specific system of criminal law means by which the goals of criminal law regulation are achieved. According to the information and psychological orientation, such legal means are divided into stimulating and restrictive. It is found that legal facts, subjective rights, legitimate interests, benefits and incentives are the forms of manifestation of legal means-incentives. It is substantiated that legal incentives, directly orienting an individual to achieve beneficial consequences for him/her, are the most powerful incentive factor, and their application in the case of early release on parole from serving a sentence may be associated with both ordinary lawful behavior which does not exceed the general requirements and excessive performance of duties by a convicted person and is expressed in the form of elimination of restrictions determined by the criminal sentence applicable to a convicted person. The article emphasizes that legal remedies-restrictions are associated with unfavorable conditions for realization of interests of subjects, are focused on negative legal motivation and reduction of negative activity of subjects of law, and their forms of manifestation are legal facts, prohibitions, suspensions, legal obligations, penalties, etc. A legal restriction on early release on parole from serving a sentence is a prohibition in the form of a passive legal obligation of a convicted person not to commit any new criminal offense during the unexpired part of the previously imposed sentence. It is generalized that legal means-incentives and legal means-restrictions should be considered in an inseparable interrelation, since they are paired legal categories, i.e., internally dialectically interrelated and mutually supporting each other in the process of criminal law regulation. Thus, the author concludes that the instrumental and legal nature of early release on parole from serving a sentence as a complex criminal law tool is dialectically complex, since it combines directly opposite and at the same time internally unified criminal law means of influencing social relations.