Individualization of control of criminal and executive inspections over convicts without isolation from society

Criminal executive inspectorates hold a standard set of events to control the behavior of those sentenced to punishment or to other measures of criminal and legal character without isolation from society. A subject of control is the behavior of convicts from the point of view of adhering to the requirements provided in the Penal Code of the Russian Federation in relation to the corresponding punishment or other measure of criminal and legal character. The analysis of current penal legislation allows in certain cases the expansion of the subject under control. According to Part 3, Article 39 of the Penal Code of the Russian Federation criminal and executive inspections together with law-enforcement bodies and according to the order provided by legislation of the Russian Federation are obliged to control the behavior of convicts in general, but not from the viewpoint of their adherence to the requirements of corrective works serving. In general, it is necessary to accept legislators' logic because such control of convicts' behavior will allow realizing the achievement of correction goals. However, the commission of administrative offences by those sentenced to corrective works or their negative characteristics do not constitute the bases for taking disciplinary actions against them. Convicts are controlled according to the records of law-enforcement bodies from the point of view of registered offences and crimes during saddling with a police record; at the place of residence, at the job (study) address and in public places, at last, during conversations with convicts. The enumerated forms of control cannot be identified with the subject of control. They are necessary for controlling the observance by convicts of requirements imposed on them. At the same time, the provided list of forms of control does not mean that all of them perform only one function - that of control. It is necessary to take into account their precautionary and educational potential. All forms of control are obligatory. Penal legislation strictly regulates the frequency of implementation of each control action. However, the existing rules of implementation of control activity do not provide its individualization depending on the identity of the convict and his behavior during serving a sentence or realization of other measure of criminal and legal character, which is not connected with imprisonment. The author proves the need of individualization of control on the part of criminal and executive inspections over separate categories of those sentenced without isolation from society. The article formulates a number of suggestions to improve legislation.

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