Conditional early release from punishment and retroactive effect of criminal law

The article is an attempt to systematize the procedure of the use of parole to persons who, at the time of entry into force of the new provisions of the criminal law, are already serving sentences by an effective court judgment. Thus, if the new law improves the situation of the convicted person and there appears a possibility of being released earlier than it was stated in the verdict of the court, it is necessary to speak about the retroactive effect of the criminal law. It is important to note that parole is not a duty of the state, but rather an incentive to the law abiding behavior of the convicted person and his/her correction. However, with the weakening of the protection of constitutionally significant values or, conversely, excessive use of state coercion, the legislator is obliged to bring criminal legislation in line with new social realities. In Paragraph 2 of Article 29 of the Universal Declaration of Human Rights, International law defines the fact that in exercising their rights and freedoms any person shall be subject to limitations provided by law. However, to ensure proper recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and general welfare, these restrictions must conform to the realities of the time in which they take place. It is logical to assume that this is why in recent years, the state passed and implemented several legislative initiatives in this direction. Thus, the Federal Laws of November 3, 2009 No. 245-FZ, of December 9, 2010 No. 352-FZ, of March 1, 2012 No. 18-FZ, of February 29, 2012 No. 14-FZ amended certain legislative acts of the Russian Federation, including laws of the Criminal Code, in order to strengthen responsibility for crimes of a sexual nature committed against a minor, for grave and especially grave crimes, as well as crimes connected with illegal drug trafficking. Thus, tougher penalties for certain categories of persons have resulted in the fact that prosecution bodies, courts and other departments and agencies began to receive a lot of complaints, because prisoners perceive parole as a government responsibility. The author believes there is a reasonable question about deciding on the possibility to apply parole or not, and replace punishment in accordance with the law in force at the moment, not with the law in force at the time of condemnation. Otherwise, the value of human life and social danger of the crime depends on the date of adoption of the criminal law. However, it is worth considering how the position of persons changes.

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