The legal basis for the implementation of public control over the activities of penitentiary inspectorates

Federal Law 212-FZ of 21 July 2014 "On the Basics of Public Control in the Russian Federation" contains legal grounds for exercising public control over the activities of penitentiary inspectorates that are not related to punishment execution. The subject of public control should be the activities of penitentiary inspectorates on monitoring the behaviour of probationers and convicts whose sentence was suspended; the presence of suspects or the accused at the place of the execution of the preventive measure in the form of house arrest and their observance of prohibitions and (or) restrictions imposed by the court; prevention of crimes and other offenses by persons registered with the inspectorates, as well as other tasks assigned to inspectorates in accordance with the legislation of the Russian Federation. The author comes to a conclusion that the federal legislation should fix the order of interaction of various subjects of public control. It is necessary to supplement Article 23 of the Penal Code of the Russian Federation with a norm providing for public councils at the Federal Penitentiary Service and its territorial bodies as subjects of public control. In the laws of the subjects of the Russian Federation, it is necessary to determine the subject of the participation of public councils in the bodies of power in the exercise of public control; cases and the order of the account of final documents of public control in the estimation of the efficiency of the state and municipal organisations' activities; the procedure for organising and conducting public inspections; the procedure for conducting public examination; the procedure for conducting public discussion; additional cases of holding public hearings.

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