Probation and probation criminology

The article is devoted to legal aspects and the first experience of implementation of the Federal Law “On Probation in the Russian Federation” in the country. It forms a complex legal institution that goes beyond the framework of criminal executive law. Its adoption increases public attention to the problem of re-socialization of criminals, expands the socio-humanitarian field of activity of the penal system. In this Law the concepts of “probation” and “penitentiary” for the first time in Russia are officially enshrined. The practice of implementation of the Law on Probation is still small, but it is important for identifying the shortcomings of the legislation and determining ways to improve it. Taking into account the existing experience of probation, the author identifies a number of gaps and contradictions of the Law in terms of its terminology, principles, subject of regulation, goals and objectives. Referring to the experience of probation application in the Republic of Kazakhstan, the author does not support the proposals to include mandatory or coercive measures in the Law on Probation. Consideration of probation as a specific social measure of prevention of crime recidivism gives grounds for the conclusion that it is expedient to single out probation criminology as a branch of criminological science. It is from the perspective of criminology that it is necessary to assess “difficult life situation” and “individual neediness” as grounds for probation measures in relation to those released from penitentiary institutions and convicts without deprivation of liberty. The subject of probation criminology should also include the so-called “shadow probation” carried out by criminal or semi-criminal structures. The author declares no conflicts of interests.

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