Prospects for the Development of the Institute of Parole in the Russian Federation

Abstract

Introduction. This article deals with the actual problem of the possibility of conditional early release from serving a sentence of persons who have made a decision to voluntarily participate in hostilities in the interests of the Russian Federation. This issue has not been settled by the domestic legislator, although in objective reality cases of involvement of convicted persons to participate in hostilities, with their subsequent release, are becoming more common. As an example, the private military companie “Wagner” can be cited. Methods. The methodological basis of the work is the general philosophical dialectical-materialistic method of cognition, as well as general scientific methods (historical, logical) research. Results. The analysis of the national historical experience of attracting convicted persons to serve in military formations is carried out. The similarities and differences in the procedure for attracting convicted persons to participate in hostilities as part of the private military companie “Wagner” and as part of the penal units of the Red Army are highlighted. Discussion and Conclusion. As a result of the study, it was concluded that there are two possible options for the development of criminal law in the sphere of attracting convicted persons to participate in hostilities. The first is to consider the involvement of convicted persons in hostilities as a separate type of punishment; the second is to consider these cases as a form of conditional early release from serving a sentence. The second option seems to be more preferable, on the basis of which comprehensive amendments to domestic legislation are proposed, in particular, the addition of art. 79 of the Criminal Code of the Russian Federation is a new part, which provides for the possibility of parole from serving a sentence with a referral to service in a penal military unit.