Russian Federation
343.847
342.77
In the article, the authors reveal the essence of the rational application of coercive measures as a principle of penal legislation and the principle of probation, which has the same textual consolidation in two laws – the Penal Code of the Russian Federation and the Federal Law «On Probation in the Russian Federation». Special attention is paid to the regulation of public relations, which will be based on this principle in the conditions of martial law. The rational application of coercive measures is justified, assuming reasonableness and focus on the formation and stimulation of law-abiding be-havior of convicts. It is assumed that in the future there will be a need for additional regulation of the execution of criminal penalties and probation in extreme conditions, in particular under martial law. As a conclusion, a model for optimizing the penal law and the Federal Law «On Probation in the Russian Federation» is proposed, which involves supplementing normative acts with provisions regu-lating these processes under martial law. The comparative legal method, the method of analysis and comparison are used in the work.
principles of penal legislation, principles of probation, rationality, coercive measures, martial law
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