Probation as an element of social control of perpetrators of crime

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Introduction: the aim of the research was to study the probation institute that is currently forming in the Russian criminal law and penal enforcement law. The relevance of the research topic was predetermined by the introduction of the Federal Law "On Probation in the Russian Federation", as well as the lack of law enforcement practice in this segment of legal relations Materials and methods: General scientific methods (analysis, observation, generalisation, comparison, description) and special methods of legal science, including comparative and formal legal methods were used in preparing the article. The Results of the Study: the analysis revealed a discrepancy between the content of the legal act and its title, as well as the semantic meaning of the term used. In addition, there is a lack of consistency in the formation of the institution of probation as a method of complex influence on the behaviour of convicts, which combines not only providing social assistance to convicts in a difficult life situation, but also encouraging them to law - abiding behaviour as well as monitoring their behaviour and the achievement of crime prevention goals as a result of such activities. Findings and Conclusions: Using the methods of comparative law and positive foreign experience, it is proposed to supplement the created probation institution with mechanisms of social control over the behavior of convicts, to include a special type of pre - trial probation in the Federal Law «On Probation in the Russian Federation», and to expand the probation time frame.

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Social control, convicts, probation, testing operation, summary probation

Короткий адрес: https://sciup.org/143180716

IDR: 143180716   |   DOI: 10.55001/2312-3184.2023.81.25.016

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