International legal standards for maintaining non-institutional treatment

The article dwells on the basic provisions of the international legal instruments with regard to the regulation of the legal and organizational means to ensure compliance of the convicts with the requirements for serving punishment without isolation of the convict from the society, i.e. the non-institutional treatment. Effectiveness of punishment, other than imprisonment, depends on the efficiency of legal and organizational means providing the observance of requirements and conditions of serving the sentence by convicts. The article reviews fundamental statements of international legal acts in terms of regulation of legal and organizational means providing the observance of requirements and conditions of serving the sentence by convicts without their isolation from the society, i.e. the non-institutional treatment. Comparing international legal acts to Russian legal norms of the criminal and penal law, the author suggests some improvements to the criminal and penal legislation of Russia. In this article, the author notes that the mechanism of maintaining the order of serving the sentence without isolation from the society should include all legal means stimulating the behavior of convicts, which is expected by the state. The author proposes the following changes in the criminal legislation of Russia: - to formalize the possibility of probation of a sentence, other than imprisonment; - to authorize the court not to consider as punishment the period during which the convict occupied a prohibited position or was engaged in a prohibited activity; - to depenalise Article 314 of the Criminal Code of the Russian Federation, which provides the criminal responsibility for malicious evasion from serving the punishment. The author proposes the following changes in penal legislation: - to provide the possibility to change requirements for the non-institutional treatment (not only community service and personal restraint);- to recognize the guarantee of the convicts' right to receive information that is contained in personal profiles and does not concern the private life of other people and security requirements; to ensure the convicts' right to private life in terms of public disclosure of conviction only with purpose of safety provision; - to define the work of penal inspections with convicts who serve their sentence without isolation from society.

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