The legal nature of conditional release from punishment in Russia and Lithuania (comparative law analysis)

The article deals with the position of Russian and Lithuanian scientists on the concept and the legal nature of conditional release from punishment. The author does not agree with the positions of scientists who carry parole to the final stage of the progressive system of punishment, to the types of penalties, resulting in justification of that nature parole is different. After some investigation the author concludes that parole by their legal nature is the early release of the remaining punishment under certain conditions. Parole in Russia today is a subjective right of a convicted person, not its legitimate interest, as now in Article 79 of the Russian Criminal Code, in contrast to the previously existing rules, which states that “a person may be released” is fixed that the person “is subject to” Parole, subject to formal and material grounds. In the Republic of Lithuania, it remains a legitimate interest. The author criticizes the Lithuanian legislator‘s position and believes that the court is obliged to release on parole of the convicted person if he served a term defined by the law and lost its social danger. Therefore, the author proposes to amend the wording of Article 157 of the Criminal Executive Code of the Republic of Lithuania, and instead of “may be released”, fix “exempt”. Based on the above analysis, the article suggests the author‘s definition of parole, “Parole punishment is by law a subjective right of the convicted person, applied to it by the court, provided the recognition it is not in need of further punishment and departure established by the law of the term, assigned to him by the court before the sentence - of forced labor, detention in a disciplinary military unit, or deprivation of liberty. The person may be released (fully or partially) from serving the additional penalty“.