Aleksandr L. Remenson on Post-Penitentiary Recidivism and Post-Pentitentiary Law

An analysis of the legislative framework and the practice of post-prison adaptation allows concluding that the legal regulation of measures for assisting persons released from prisons in their social adaptation is in the embryonic stage. At the same time, the need to improve the situation with legislative solutions leaves no doubt. The problems in the relevant laws are to some extent compensated by practical activities at the regional level. In order to ensure proper legal support in the field of gradual adaptation of persons released from prison, to prevent post-penitentiary recidivism, it seems appropriate to systematize the rules governing the field. The systematized norms could include those contained in the criminal, penal and administrative laws, laws relating to the category of the social. With this approach to solving the problem, the question involuntarily arises of the branches of law such norms belong to. In the field the author examines, the subject of regulation, the specific methods used to solve problems, the special entities that use them allow concluding that it is necessary to separate a new complex branch in legislation: post-penitentiary legislation. This branch basically does not replace ordinary legal regulation. Post-penitentiary legislation is only excerpts from the indicated branches of law and in no way replaces the established legal order, at least at the stage of its formation. This legislation can become the basis of a new branch of law, post-penitentiary law.

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