Necessary conditions for the consideration of clemency petition

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Introduction: in the realities of our time, the most important institution that encourages law-abiding behavior of persons who have committed a crime and are sentenced to imprisonment is the institution of pardon. The institution of pardon in the Russian Federation today functions ineffectively, and this is the absolute urgency of this problem, which is convincingly evidenced by the statistics among pardoned persons. The article considers aspects that focus on the resocialization of convicts and their post-penitentiary adaptation. Meanwhile, an integral part of the activities of the penitentiary system is the work on the preparation of pardon materials, the timely submission of petitions to the pardon commission on the territory of a constituent entity of the Russian Federation. The article describes in detail the circumstances that are taken into account for the consideration of a petition for clemency of convicted persons, the process of preparing the documents necessary for filing a petition for clemency of convicted persons is considered in detail. It is concluded that the Russian legislation in the field of pardons does not regulate all issues, and the necessary conditions for considering a petition for clemency are advisory in nature, therefore, they require improving the legal regulation of the institution of pardons in general. Materials and Methods: the normative basis of the study is formed by the Constitution of the Russian Federation, criminal and penal enforcement legislation, Presidential Decrees regulating the procedure for considering petitions for clemency in the Russian Federation. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. Results of the Study: allowed us to clarify certain provisions related to the pardon procedure, to reveal the content and practical significance of the circumstances that are taken into account for the consideration of the petition for clemency. Findings and Conclusions:: the analyzed provisions of the procedure for considering applications for clemency allow us to lay a solid foundation for further improvement of the legal regulation of the institution of clemency in Russia.

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Convicted person, petitions for clemency, penal system, execution of punishment, degree of public danger

Короткий адрес: https://sciup.org/143174525

IDR: 143174525   |   DOI: 10.24412/2312-3184-2021-2-75-84

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