Probation: Theoretical and Applied Problems

the article discusses theoretical and practical problems of implementing probation
(case study of executive and post-penitentiary). With the entry into force of the federal law “On
probation in the Russian Federation”, which provides for a whole range of functions for the resocialization
of convicts (both penitentiary and post-penitentiary), attributed to the competence
of state bodies and institutions, local governments, non-governmental organizations, public and
religious associations, a number of theoretical and practical issues arise. An example is the legal
regulation of the establishment and operation of probation centers. Purpose: based on the study of
the essence, legal nature, and social conditionality of probation, to identify problems of its regulation
and implementation and to develop ways to solve them. The research is based on a dialectical
approach to the study of social processes and phenomena. Methods: analysis and synthesis,
comparative law, retrospective, formal law, logical, comparative, a legal-dogmatic method and a
method of interpreting legal norms. Results: the author identifies doctrinal origins of the probation
concept as an important subsequent stage of the convict’s adaptation to life in society, fixed in the
federal law “On probation in the Russian Federation” as resocialization, social adaptation and social
rehabilitation. The essence, legal and social nature of probation is analyzed, foreign experience
in this field is considered, and its definition is given. It is concluded that the domestic model of
probation differs from most foreign analogues in that it is based on the principle of voluntariness and
there are practically no compulsory means of enforcement. Special attention is paid to the analysis
of the actual functions performed within the framework of probation. The problem is universal and,
of course, requires a solution, including for understanding the legal and social nature of the measure
under consideration. The problem of an uncertain status of probation is noted, since, on the one
hand, its application falls within the competence of the penal system, and on the other hand, there is
not only regulation, but even mention of probation in criminal and penal legislation. The author argues
that when using foreign experience in the application of probation, it is necessary to take into account
the specifics of Russian public relations covered by the field of probation. Conclusions: based on the
experience of probation (primarily executive and post-penitentiary) studied by the author in a number
of regions of Russia (Khanty-Mansi Autonomous Okrug, Moscow, Saratov, and Sverdlovsk oblasts),
a number of problems are identified, most of which are related to the misunderstanding (distortion)
of the original meaning laid down in the probation law. Hence, there are obstacles for the effective
implementation of assistance programs for people in difficult situations and the functioning of
probation centers. In a number of subordinate regulatory legal acts adopted, in fact, all responsibility
for low probation rates is assigned to probation subjects (primarily employees of criminal executive
inspections) without providing them with the appropriate authority and an objective opportunity to
correct the situation. Some of the problems are related to shortcomings of the legal regulation of this
institution. The article offers solutions to these problems.

Keywords: probation; re-socialization; social adaptation; social rehabilitation; criminal executive inspections.