DRAFT LAW “ON PROBATION IN THE RUSSIAN FEDERATION”: SOME ASPECTS OF DISCUSSION IN 2021-2022
The article provides a comparative analysis of the original version of the draft law of April 2021 with the text posted on the Federal Portal of Draft regulatory Legal Acts for public Discussion on a number of issues: goals, objectives, principles and types of probation, conceptual apparatus, probation subjects, members of the public, the list of persons to whom probation is applied, legal status the above - mentioned participants in legal relations , etc . There are some issues that the authors of the article paid special attention to when discussing the draft law: prevention of crimes as the purpose of probation; correction of convicts; three forms of probation (sentencing (executive), penitentiary and post-penitentiary) and the mechanism of their implementation, including through a list of rights and obligations of probation subjects, members of the public, and persons who in respect of which it is applied. In addition, attention is focused on a number of theoretical and applied problems of conceptual significance: the ratio of legislation in the field of probation with penal enforcement and other legislation, including for determining the priority of legal norms in securing the rights and obligations of participants in relevant legal relations; the ratio of the legal status of convicts with the legal status of persons in respect of whom probation is applied. It is concluded that further development of theoretical and legal aspects of the institute of probation is necessary, including for the harmonization of penal enforcement and other legislation with the adopted Federal Law “On Probation in the Russian Federation”.