Probation peculiarities at parole

Probation process of parole is the law order in observance of special duties and prohibitions by discharged offenders. It comprises legal prescriptions, which have mainly correctional and preventive direction. Therefore, treatment process does not perform punitive and administrative functions, which are traditional for imprisonment. Nowadays, convicts on parole can be imposed some duties on, which are similar for probationers (Art.73 of the Criminal Code of the Russian Federation). As far as probationers are less publicly dangerous and, unlike convicts on parole, they do not lose their social relations, it makes sense to fix special duties and prohibitions for convicts on parole taking into account the specificity of their mode of life. Moreover, it is necessary to make the probation at parole more flexible by means of legislative consolidation of the possibility to change the content and character of duties during the period of conditional release. Probation at parole is defined by legal norms and individual legal acts, which are decisions of the court. Individual legal prescriptions must be concrete, practicable, controlled; they should be imposed according to the principles of individual impact and economy of enforcement. Potential opportunity of a body controlling convicts on parole to influence on the content of probation can be realized by means of realization of some powers during this control execution (for example, the right to visit the convict on parole at the place of residence, to call him for conversation). To make the system of norms more complete it is necessary to include into the Criminal Executive Code of the Russian Federation a chapter which comprises the implementation of parole and to adopt a subordinate law according to the Criminal Code of the Russian Federation and the Criminal Executive Code of the Russian Federation, which regulate the activity of bodies controlling the behavior of convicts on parole.

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