Ways to Improve the Application of Early Release from Serving a Sentence
Brilliantov A.V., Babayan S.L. Ways to improve the application of early release from serving a sentence. Penitentiary Science, 2023, vol. 17, no. 3 (63), pp. 245–253. doi 10.46741/2686-9764.2023.63.3.002.
the article discusses and analyzes ways to improve the complex institution of longterm release from serving a sentence as an important means to promote law-abiding behavior of
convicts. A large number of petitions for the application of such types of release from further serving
of punishment as parole and commutation indicates their practical significance. The relevance of
the topic under study is determined by the Concept for the development of the penal system of
the Russian Federation up to 2030, one of the directions of which is to improve the penal policy in
order to humanize it, including through the use of various means of incentive influence. Purpose: to
substantiate the need for the development of a comprehensive institution of release from serving a
sentence, as well as to formulate specific proposals for improving the use of various types of release
from serving a sentence and to argue their expediency. Methods: statistical, comparative legal,
method of interpretation of legal norms, theoretical methods of formal and dialectical logic. Results:
it seems that the institution of early release from serving a sentence occupies a special place in
the system of mechanisms for achieving the goals of correcting convicts and preventing them from
committing new crimes and contains significant potential, the implementation of which will improve
and boost effectiveness of the execution of criminal penalties. The analysis of the current regulation
of this institution has revealed a number of problems and difficulties in law enforcement in terms of
the use of various types of early release from serving a sentence. Their resolution is an important task
of the science of criminal and penal law and contributes to further humanization of the modern penal
policy of Russia. Conclusions: as a result of the conducted research, the need for the development
of a comprehensive institution of release from serving a sentence is substantiated and ways of
improving it through amendments to criminal and penal legislation are proposed.
Keywords: institution of release from serving a sentence, parole; commutation; control over parolees; convicts serving imprisonment; convicts serving restriction of liberty.
2. Babayan S.L. Release from punishment: problems and ways of improvement. Ugolovno-ispolnitel’noe pravo = Penal Law, 2018, vol. 13(1–4), no. 3, pp. 309–314. (In Russ.).
3. Yakovleva L.V. Institut osvobozhdeniya ot nakazaniya v rossiiskom prave: avtoreferat dis. ... d-ra yurid. nauk [Institute of release from punishment in Russian law: Doctor of Sciences (Law) dissertation abstract]. Moscow, 2003. 54 p.
4. Tarkhanov I.A. Pooshchrenie pozitivnogo povedeniya v ugolovnom prave [Encouragement of positive behavior in criminal law]. Kazan, 2001. 329 p.
5. Rhine E.E., Petersilia J., Reitz K.R. The future of parole release. Crime and Justice, 2017, vol. 46, pp. 279–338.
6. Doyle C. Supervised release (parole): an overview of federal law. Washington, 2021. 38 p.
7. Sudebnaya statistika RF [Judicial statistics]. Available at: https://stat.xn----7sbqk8achja.xn--p1ai/stats/ug/t/15/s/13 (accessed June 21, 2023).
8. Razbirina L.I. Problems in the implementation of control over parolees released from punishment on parole. Vestnik Kuzbasskogo instituta = Bulletin of the Kuzbass Institute, 2021, no. 3 (48), pp. 49–57. (In Russ.).
9. Vanina A.A. Features of the application and execution of life imprisonment in Russia and foreign countries. Byulleten’ nauki i praktiki = Bulletin of Science and Practice, 2018, no. 1, pp. 297–303. (In Russ.).
10. Sych K.A. Perspective motivation of convicts serving life imprisonment as an element of a progressive system of execution of punishments. Vedomosti ugolovno-ispolnitel’noi sistemy = News of the Penal System, 2012, no. 7(122), pp. 31–36. (In Russ.).
11. Kazakova E.N. Conditional early release from serving life imprisonment: problems and ways to solve them. Vestnik Vladimirskogo yuridicheskogo instituta = Bulletin of Vladimir Law Institute, 2008, no. 3, pp. 40–49. (In Russ.).
12. Utkin V.A., Detkov A.P. Pozhiznennoe lishenie svobody: uchebnoe posobie [Life imprisonment: textbook]. Tomsk, 1997. 136 p. 13. Babayan S.L. Pooshchritel’nye instituty ugolovno-ispolnitel’nogo prava (teoriya i praktika primeneniya): dis. ... d-ra yurid. nauk [Incentive institutes of penal law (theory and practice of application): Doctor of Sciences (Law) dissertation]. Moscow, 2014. 592 p.
14. Urusov A.A. Problems of criminal law regulation of replacement of the unserved part of the sentence with a milder type of punishment. Vestnik Kuzbasskogo instituta = Bulletin of the Kuzbass Institute, 2020, no. 2 (43), pp. 122–133. (In Russ.).
15. Babayan S.L., Kokhman D.V. Improving disciplinary measures against persons sentenced to restriction of liberty and suspended sentence. Penitentsiarnaya nauka = Penitentiary Science, 2023, vol. 17, no. 1(61), pp. 39–51. (In Russ.).
16. Kuziemko I. Going off parole: how the elimination of discretionary prison release affects the social cost of crime. Cambridge, 2007. 57 p.
17. Tit A.A. The legal nature of parole in the criminal legislation of the Russian Federation and the Republic of Belarus. Vestnik Moskovskogo universiteta MVD Rossii = Vestnik of Moscow University of the Ministry of Internal Affairs of Russia, 2017, no. 5, pp. 202–206. (In Russ.)
