On Certain Conceptual Issues of the Scientific and Theoretical Model of Probation in the Russian Federation
Malkova L.L. On certain conceptual issues of the scientific and theoretical model of probation in the Russian Federation. Penitentiary Science, 2025, vol. 19, no. 3 (71), pp. 320–327. doi 10.46741/2686-9764.2025.71.3.011.
the article discusses some issues of the scientific and theoretical concept (model) of probation in the Russian Federation. The article analyzes its legal content, its relationship with other institutions of crime prevention and social support for the population. It is concluded that this institution is based on the rehabilitation/public protection model and probation itself is implemented beyond criminal liability, but is directly related to it. Purpose: based on the analysis of the problems of forming the probation institution in Russian legislation, to propose measures for its further improvement. Methods: formal-logical, system-structural and comparative-legal methods. Results: a number of problems in the area under consideration are identified and proposals are formulated (determining an appropriate relationship between legislative and subordinate levels of legal regulation, establishing the priority of administrative and legal norms in regulating the implementation of probation functions; legislative consolidation of algorithms for solving typical social problems of convicts and former convicts; improvement of the composition of probation subjects, ensuring proper proportionality in the legal consolidation of their powers and responsibilities; creation of a system of specialized post-penitentiary probation bodies based on regional institutions (centers) of social services for the population; improvement of scientific and methodological support for the activities of probation subjects; solving issues of professional training of personnel, involved in the implementation of probation functions). Conclusions: the interdisciplinary legal institution of probation has detailed legal regulations, but there are still problems to be addressed. To enhance efficiency of its implementation, it is required to further conduct research in the scientific and theoretical concept (model) of probation and integrate it into a unified system of crime prevention tools and the system of providing social assistance (support) to persons who find themselves in a difficult life situation.
Keywords: administrative law; probation; re-socialization; social adaptation; social rehabilitation; prevention of offenses; interdepartmental interaction.
legal and organizational issues. Penitentsiarnaya nauka = Penitentiary Science, 2024, no. 3 (67), pp. 279–288. (In Russ.).
2. Sokolova E.A., Tyumenev A.V. Constitutional and legal aspects of regulation of the probation system in Russia. Chelovek:
prestuplenie i nakazanie = Man: Crime and Punishment, 2024, no. 2, pp. 175–183. (In Russ.).
3. Karoli B. Alternative measures of criminal punishment. In: Al’ternativy tyuremnomu zaklyucheniyu v Respublike
Kazakhstan: materialy mezhdunar. konf. [Alternatives to imprisonment in the Republic of Kazakhstan: proceedings of the
International Conference]. Moscow, 2000. Pp. 67–68. (In Russ.).
4. Mel’nikova O.V. The probation service is a priority area for the development of the penitentiary system of the Russian
state. Pravo i gosudarstvo: teoriya i praktika = Law and the State: Theory and Practice, 2021, no. 11 (203), pp. 220–222.
(In Russ.).
5. Golodov P.V. Probation in the Russian Federation: some problems of the content and legal regulation. Penitentsiarnaya
nauka = Penitentiary Science, 2022, vol. 16, no. 2 (58), pp. 194–203. (In Russ.).
6. Luzgin S.A. Probation service of the Federal Penitentiary Service: scientific and practical approaches to the formation
and organization of activities. In: V Mezhdunarodnyi penitentsiarnyi forum “Prestuplenie, nakazanie, ispravlenie”: sb. tez.
(g. Ryazan’, 17–19 noyabrya 2021 g.): v 9 t. T. 5 [V International penitentiary forum “Crime, Punishment, Correction”:
collection of theses (Ryazan, November 17–19, 2021): in 9 volumes. Volume 5]. Ryazan, 2021. Pp. 344–347. (In Russ.).
7. Dvoryanskov I.V. Prospects for the implementation of the probation system in Russia. In: V Mezhdunarodnyi
penitentsiarnyi forum “Prestuplenie, nakazanie, ispravlenie”: sb. tez. (g. Ryazan’, 17–19 noyabrya 2021 g.): v 9 t. T. 1
[V International penitentiary forum “Crime, Punishment, Correction”: collection of theses (Ryazan, November 17–19,
2021): in 9 volumes. Volume 1]. Ryazan, 2021. Pp. 114–120. (In Russ.).
8. Golodov P.V., Chetina A.A. Certain problems of legal regulation of interaction between subjects of re-socialization, social
adaptation and social rehabilitation of persons registered with the criminal executive inspection. Evraziiskii yuridicheskii
zhurnal = Eurasian Law Journal, 2024, no. 12 (199), pp. 479–481. (In Russ.).
9. Ol’khovik N.V. Legal issues of applying executive probation. Ugolovnaya yustitsiya = Russian Journal of Criminal Law,
2024, no. 23, pp. 88–91. (In Russ.).
