Executive probation and its first problems

In this paper, the provisions of the Federal Law of 06.02.2023 No. 10 «On Probation in the Russian Federation» (hereinafter referred to as the Probation Law) and previously existing regulatory legal acts devoted to the sphere of social adaptation of convicts are raised and analyzed. The positions of scientists on the need for social adaptation and convicts whose punishment is not associated with isolation from society, preceding the adoption of the Probation Law, are presented. It is noted that executive probation is a new institution for domestic law, therefore, the presence of legal gaps and conflicts is natural, for example, in terms of the list of criteria for need, interaction of probation subjects, grounds for termination of executive probation, etc. It is noted that the by-law contains more grounds for termination of probation than the law. Ways to resolve some of these contradictions are provided. The work also analyzes regional acts on social adaptation and social rehabilitation of convicts and released persons. It is concluded that despite the above-mentioned gaps in legal regulation, executive probation has a positive beginning. As part of the work, a social portrait of an average person, in relation to whom executive probation is applied, was formed, its similarity with the portrait of an average criminal in Russia was noted. At the same time, it is noted that persons seeking help within the framework of executive probation often do not lose family ties, to one degree or another communicate with their relatives, but rarely keep the family together, which can cause their additional alienation, contribute to their recidivism. The attitude of convicts to executive probation is analyzed and it is noted that about 27% of the analyzed «clients» of executive probation are dissatisfied with it, most often due to the long terms of assistance and paperwork, the ability to solve the problem independently, etc. At the same time, the remaining 73% were satisfied with it. The shortcomings of probation, which were expressed by the persons implementing it, are also noted. Two typical situations related to assistance in obtaining medical care and assistance in employment, the most common problems associated with this, are considered, and an algorithm for their solution is proposed. In particular, an increased need for close interaction between criminal-executive inspectorates and medical organizations and employment centers is noted, for example, in terms of monitoring the provision of assistance to a person. A general conclusion is made about the positive result of the use of executive probation in Russia based on the results of 2024, since persons who were provided with assistance within the framework of executive probation have a significantly lower rate of repeat offenses. This allows us to talk about the achievability of the stated goals of probation to reduce the level of recidivism. The authors declare no conflicts of interests.

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