Special principles of post penitentiary administrative supervision

The article deals with principal, basic requirements for post penitentiary administrative supervision as the main legal regime. The author separates and discloses such special principles of administrative supervision as criminological reasonableness, individualization and differentiation, economy of enforcement means and publicity. Criminological reasonableness of post penitentiary administrative supervision implies that its establishment should be based on the data of criminological forecast and be aimed at the reduction of recidivism with due consideration of its level, development and structure. Legislators didn't take into account the above principle in full while bringing administrative supervision back to national legislation. Individualization is connected with the quality and character of restrictions imposed on the person under supervision and with the duration of administrative supervision and its possible changes. Differentiation of administrative supervision implies the division of the supervised into two groups: people against whom administrative supervision must be established when they are released and those against whom administrative supervision must be established if there are clear legal provisions in law. The principle of economy of enforcement means of influence implies that administrative restrictions must limit the rights and freedoms of the supervised person at a minimum just to prevent repeated crimes. In this case administrative supervision should not be transformed into an additional criminal punishment for released convicts. However, our current criminal legislation doesn't allow us to state unambiguously that administrative supervision has no features of a criminal punishment. First of all, this is the correlation between administrative restrictions established under administrative supervision and restrictions of freedom as a criminal punishment (Article 53 of the Criminal Code of the Russian Federation). Because of essential similarity between the content of custodial restraint punishment and the content of post penitentiary administrative supervision their concurrent existence in national Russian legislation is inadmissible. The author sees the solution of the above problem in the exclusion of custodial restraint from the list of criminal punishments as this measure doesn't possess a punitive potential of such punishments. Publicity of administrative supervision involves both the open character of control over the behavior of the supervised and openness and publicity of the activity of internal affairs bodies. Establishment of administrative supervision on the basis of the highlighted principles will enable to increase the effectiveness of post penitentiary supervision and not to violate the rights of the supervised people.

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