Moskovskiy gosudarstvennyy yuridicheskiy universitet
NII FSIN Rossii
Ryazan', Russian Federation
UDK 343.847 Исполнение наказания без лишения свободы
Taking into account the provisions of international acts, the article substantiates the need to develop a conceptual justification for the introduction of pre-trial probation in Russia, which is not included in Federal Law No. 10-FZ of February 6, 2023 “About probation in the Russian Federation.” The authors also analyze three previous draft laws on probation, which were discussed in our country in the second decade of the 21st century. Three models of pre-trial probation, generally accepted in world practice, are considered, and arguments are given for the possibility of implementing its judicial model in Russia as the most consistent with established law enforcement practice in the field of criminal litigation.
pre-trial probation, criminal enforcement inspections, court, re-socialization, participants in criminal proceedings
1. Teplyashin, P. V. 2023, ‘Probation as a subinstitute of penal enforcement law’, Bulletin of the Kuzbass Institute, iss. 3(56), pp. 126–135.
2. Skiba, A. P. & Maloletkina, N. S. 2023, ‘The Law “On Probation in the Russian Federation” as a prerequisite for the further development of penal enforcement law’, Bulletin of the Kuzbass Institute, iss. 1(54), pp. 80–90.
3. Ermasov, E. V. 2023, ‘Issues of improving regulatory and legal regulation in the field of execution of criminal penalties in the framework of the implementation of Federal Law No. 10-FZ dated 02.06.2023 “About probation in the Russian Federation”’, in Introduction of probation in the Russian Federation: interaction of state bodies and public organizations: collection of materials of the scientific and practical conference (St. Petersburg, March 10, 2023), pp. 12–13, Academy of the FPS of Russia, St. Petersburg, Ryazan.
4. Shatankova, E. N. 2008, Probation and probation abroad: comparative legal analysis: PhD thesis (Law), Moscow.
5. Olkhovik, N. V. 2011, ‘Problems of execution of criminal penalties’, Criminological Journal of the Baikal State University of Economics and Law, iss. 2, pp. 54–60.
6. Sadykov, A. U. 2011, ‘Prospects of the Institute of Probation in modern Russia’, Society and Law, iss. 3(35), pp. 214–222.
7. Sergeev, D. N. 2013, ‘Is a law on probation necessary?’, Legal Science and Law Enforcement Practice, iss. 3(25), pp. 68–72.
8. Mironov, R. G. 2015, ‘Penitentiary strategy for the development of probation services in the Russian Federation’, Penitentiary law: legal theory and law enforcement practice, iss. 2(4), pp. 34–40.
9. Gorban, D. V. 2017, ‘Pre-trial probation as a stage of the process of re-socialization’, Penal law, vol 12(1-4), iss. 3, pp. 317–320.
10. Maloletkina, N. S. 2020, ‘Legal foundations and organizational support for improving the execution of criminal penalties in Russia (taking into account the foreign experience of probation)’, Man: crime and punishment, vol. 28(1–4), iss. 2, pp. 226–230.
11. Utkin, V. A. 2012, ‘European Rules on probation and problems of their implementation’, Bulletin of Tomsk State University, Law, iss. 1(3), pp. 45–50.
12. Grushin, F. V. & Belova, E. Yu. 2021, ‘Federal Law “On the Probation System in the Russian Federation”: some remarks’, in The Penal system: realities and prospects of development: proceedings of the III International Scientific and Practical Conference, Pskov, June 15, 2021, pp. 97–101, Pskov Branch of the Academy of the FPS of Russia, Pskov.
13. Yelchaninov, A. P. 2021, ‘The concept and features of the implementation of pre- trial probation according to the draft Federal Law “On the Probation System in the Russian Federation”’, in Scientific Proceedings of the Research Institute of the FPS of Russia, pp. 61–65, Research Institute of the FPS of Russia, Moscow.
14. Serezhkina, M. A. 2023, ‘Establishment of the Institute of probation in Russia’, Vedomosti of the Penal system, iss. 1, pp. 30–38.
15. Skiba, A. P. & Maloletkina, N. S. 2022, ‘The draft law “On Probation in the Russian Federation”: some aspects of discussion in 2021–2022’, Penal law, vol. 17(1–4), iss. 2, pp. 76–194.
16. Draft Federal Law No. 232770-8 “On Probation in the Russian Federation” (regarding the introduction of the Institute of Probation into the legal system), viewed 28 January 2024, https://sozd.duma.gov.ru/bill/232770-8.
17. Lyadov, E. V. 2022, ‘On the issue of probation in the context of the draft Federal Law “On Probation in the Russian Federation”’, in The Penal system at the present stage, taking into account the implementation of the Concept of development of the penal system of the Russian Federation for the period up to 2030: collection of abstracts of speeches and reports of participants in the International Scientific-Practical conference on the problems of the execution of criminal penalties, Ryazan, November 17–18, 2022, vol. 2, pp. 757–760, Academy of the FPS of Russia, Ryazan.
18. Bazhanov, S. A. 2023, ‘Legal possibilities of using the probation mechanism at the pre- trial stage’, Agrarian and Land Law, iss. 4(220), pp. 166–167.
19. Asylbekova, A. A. 2019, ‘Pre-trial probation as a prerequisite for the realization of the goals of criminal punishment’, Modern Science, iss. 5-4, pp. 207–210.
20. Zholdaskaliev, S. M. 2019, ‘Organizational and legal aspects of the implementation of pre-trial probation in the Republic of Kazakhstan: problems and solutions’, Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia, iss. 2(50), pp. 132–143.
21. Isergepova, A. K. 2019, ‘The introduction of pre-trial probation in the Kyrgyz Republic – a new stage in improving criminal policy in the field of humanization of legislation’, in E. H. Mammadov (comp.), Law enforcement activities of internal affairs bodies in the context of modern scientific research: proceedings of the International Scientific and Practical Conference, pp. 121–123, St. Petersburg University of the Ministry of Internal Affairs of Russia, St. Petersburg.
22. Parshkov, A.V. 2021, ‘Organization of pre-trial probation in the Kyrgyz Republic’, in V International Penitentiary Forum “Crime, Punishment, correction”: collection of abstracts of speeches and reports of participants, in 9 vols, vol. 2, part 2, pp. 329–333, Academy of the FPS of Russia, Ryazan.
23. Tokzhanov, E. N. 2017, ‘Features of pre-trial probation under the legislation of foreign countries’, in Penitentiary system and society: experience of interaction: Collection of materials of the IV International Scientific and Practical Conference, pp. 248–252, Perm Institute of the FPS of Russia, Perm.
24. Skiba, A. P. & Gumbatov, M. G. (eds) 2023, Penal Law of the Russian Federation and the Republic of Azerbaijan. General part: textbook for undergraduate and specialist studies, Academy of the FPS of Russia, Ryazan.
25. Voronova, E. L. 2008, ‘The practice of introducing elements of juvenile technologies in the Rostov region’, in Demographic and economic aspects of juvenile justice, pp. 332–361, RFB NAN, Moscow.
26. Kulshina, E. Y. 2009, New approaches to the consideration of criminal cases involving minors (on the example of the experience of the Kingisepp City Court of the Leningrad region): methodological guide, Informpoligraf, Moscow .
27. Karnozova, L. M. 2010, The inclusion of restorative juvenile justice programs in the work of the court: methodological guide, 2nd edn, Informpoligraf, Moscow.
28. Maksudov, R. R. 2009, Conducting restorative justice programs for minors: methodological guide, Informpoligraf, Moscow.
29. Braslavskaya, E. Y. 2010, ‘The development of juvenile justice in the Rostov region’, Philosophy of Law, iss. 2, pp. 22–24.
30. Ermasov, E. V. 2012, ‘Regulatory and legal bases for the use of juvenile technologies in working with juvenile offenders’, Personality development, iss. 1, pp. 97–118.
31. Voronova, E. L. 2009, ‘Creation of a probation service in Russia’, Issues of juvenile justice, iss. 3, pp. 24–30.
32. Salamatov, E. A. 2018, ‘Pre-trial probation: problems and solutions’, in A. E. Mizanbayev, A. B. Bekmagambetov & D. N. Sergeev (eds), Penal systems of the Republic of Kazakhstan and the Russian Federation: existing problems and prospects for further development: monograph, pp. 228–243, Ural State University Law University, Yekaterinburg, Kostanay.
33. Bachurin, S. N. & Isergepova A. K. 2017, ‘Evolution of the development and functioning of pre-trial probation in foreign countries and in the legislation of the Republic of Kazakhstan (comparative legal analysis)’, in The III International Penitentiary Forum “Crime, Punishment, Correction” (on the 20th anniversary of the entry into force of the Penal Enforcement Code Of the Russian Federation): collection of abstracts of speeches and reports of participants (Ryazan, November 21–23, 2017), in 8 vols, vol. 3, pp. 100–110, Academy of the FPS of Russia, Ryazan.
