Administrative supervision as a factor of the effective progressive system of imprisonment execution
The article deals with administrative supervision and its influence on a progressive system of imprisonment execution. The author believes that such supervision does not belong to the elements of the system but influences its functioning directly. The convicts are interested in the application of such incentive measures towards them that will enable them to be released from a correctional institution (above all, it is a release on parole and substitution of imprisonment by a more lenient punishment). They seem not to be interested in other elements of a progressive system. Thus, under current conditions the factors that can increase the effectiveness of the system are objectively necessary. The author substantiates the necessity to examine administrative supervision as a factor which influences the progressive system directly because its application to some categories of those released from prisons is inconsistent with such its element as release on parole. The main criterion for the application of both measures is social danger of a person. When applying the release on parole, courts state (predict) that a person is not socially dangerous. Consequently, he does not need any administrative supervision. On the contrary, the absence of grounds for release on parole can speak in favor of administrative supervision. Thus, such measures must not be applied simultaneously to one convict since the criminological sense of their application is mutually exclusive. Administrative supervision is also the factor which can essentially intensify the stimulating impact of any element in the progressive system. In this regard, it is proposed to change the grounds for its operation making them dependent on such elements of a progressive system as changing of the conditions of imprisonment and the type of regime in correctional institutions. This conclusion is supported by a low level of post penitentiary recidivism among those convicts who have served their sentences under easier conditions. Therefore, speaking about the above category of those released from correctional institutions, the author believes that taking into account the category of crime and recidivism, nowadays it is possible either to reduce the term of administrative supervision or abrogate it. Such a conclusion is fair when speaking about the transfer of a prisoner to the correctional institution with a non-strict security.
Keywords
административный надзор, прогрессивная система исполнения наказаний, administrative supervision, progressive system of penalty enforcementAuthors
Name | Organization | |
Propostin Andrey A. | Tomsk State University | propostin@mail.ru |
References

Administrative supervision as a factor of the effective progressive system of imprisonment execution | Tomsk State University Journal of Law. 2016. № 1(19).