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chapter 3. Problems of legal regulation of is conditional-preschedule clearing of punishment during the postpenitantiary period under the criminal legislation of the Russian Federation and Byelorussia

Proceeding from sense of rules of law of the current legislation regulating is conditional-preschedule clearing of punishment, the basic accent in not left part of punishment, is made on a regulation of the control over the persons released from punishment is conditional-ahead of schedule.

A control essence, on sense of the rules of law fixed in the criminal legislation, check of results of the reached progress of psychophysical changes of the person condemned is at residing in the conditions of freedom. At the same time, the general under the legislation of Russia and Belarus is also that the given process proceeds behind frameworks of execution of punishment. Are similar in this case and functions of the bodies providing postpenitantiary support of persons, released from punishment it is conditional-ahead of schedule. As a rule, into duties of the given bodies enters, mainly control function.

the Control over the persons released conditionally-ahead of schedule, undoubtedly is the important component of the given legal institution which passes on the basis of the duties put by court on the face, released ­ uslovnodosrochno. So, according to ch. 2 items 79 UK the Russian Federation court, applying ­ uslovnodosrochnoe clearing of punishment, can impose on condemned the duties provided for persons, probationeers. UK RB in this case fixes in ch. 5 items 90 the list of duties which can be imposed on such person. The legislation analysis in the given part shows, that the circle of duties as a whole is similar and establishes restrictions, in particular, in choice of domicile when the person released conditionally-ahead of schedule should adjust change with the body which is carrying out the control over its behaviour, restriction on visiting of certain places; The duty in
the terms established by court to found a job or receive medical treatment for an alcoholism, a narcotism or glue sniffing. At the same time in criminal legislations of the countries of the Allied State there are the differences causing debatable questions. So, item 79 UK the Russian Federation, does not reserve possibility of fastening of duties for condemned, obliged on a court sentence to compensate material harm (damage) caused by a crime, unlike UK RB where possibility of putting on of duties on damage compensation is directly fixed in item 8 ch. 5 items 90 UK RB. Given blank UK the Russian Federation is filled in the decision of Plenum of the Supreme Court of the Russian Federation ¹ 8 from 21.04.2009 where item 10 explains to vessels, that according to ch. 5 items 73 UK the Russian Federation the court «can assign on conditionally-ahead of schedule released execution and other duties promoting its correction» that means by itself and putting on possibility on the person who has partially indemnified a loss, caused by a crime, duties to take measures on damage compensation. The further analysis of norm about imposing of duties brings up a question concerning why, concerning the person released from punishment it is conditional-ahead of schedule, the formulation «promoting its correction», containing in ch is applied. 5 items 73 UK the Russian Federation. On sense of the criminal legislation, clearing the person who has reached such degree of correction when it already «does not require the further enduring the punishment» can be conditionally-ahead of schedule presented.

However, besides UK, we see, that the Supreme Court of the Russian Federation, explaining an order of imposing of duties on the person released on UDO in item 10 of the above-stated decision as a matter of fact repeats ch. 5 items 73 UK the Russian Federation. Thus, there is a legal collision: the person released conditionally-ahead of schedule, should be exposed to corrective process or not? It is represented, that there is no, as from sense of the term «an is conditional-preschedule clearing» and also whereas it is carried according to the item of item 172 Wick the Russian Federation to kinds of clearing of enduring the punishment, that according to the logic of the legislator attracts clearing of a retaliatory component of punishment, accordingly it
means the full termination of carrying out of educational actions concerning the given category of persons. In this case, it is expedient in connection with told for elimination of legal blanks ch. 2 items 79 UK the Russian Federation to add specified article with the list of duties which the court has the right to assign to the person released from punishment it is conditional-ahead of schedule.

Unlike UK the Russian Federation the Belarus legislator in ch. 5 items 90 UK RB were provided by the list of the duties, inherent persons for the given category. At the same time expediently given norm to add with the point, resolving to court to establish other duties which have been not provided ch. 5 items 90 UK RB, but at the same time necessary taking into account the person of the released person. Irrespective of the duties imposed by court, for the person conditionally-ahead of schedule released from punishment, according to item 81 UK RB preventive supervision for all term of the previous conviction which essence consists in the law-enforcement body notice at residence change, departure under private affairs in other district for the term of more than one month is established, and also to be in the specified body on a call and to give arguments in writing concerning the way of life.

it is necessary to notice, that the institute of is conditional-preschedule clearing of punishment is a component of system of execution of punishments and cannot function out of it. Therefore, perfection of the specified legal institution assumes in turn improvement of functioning of system of execution of punishments. Therefore it is important to establish, what components of institute of is conditional-preschedule clearing of punishment co-operate with other spheres of execution of punishment. Differently, development of the specified legal institution is impossible without development of public relations with which anyhow it enters interaction.

Having released conditionally-ahead of schedule from punishment, the person faces other social reality which could essentially will change.
it is necessary for person to restore the lost social status (to find work to restore the lost family relations lost or delayed during enduring the punishment documents etc.). On a problem of integration into a society of the persons released from punishment it is conditional-ahead of schedule one of the first Soviet scientists I.V.Shmarov in which opinion fastening in the legislation of general principles and social adaptation rules is capable to make essential impact on decrease in level of recurrent criminality [214] has paid attention. Told says that only one orientation to realisation of supervising functions for the persons released ­ uslovnodosrochno, will not give a positive effect for integration of the given persons into society.

Thus, speaking about the postpenitantiary period, it is necessary to notice, that the state should help to return the person released ­ uslovnodosrochno in a society and to restore the lost social communications, and also if necessary to render the material, organizational, psychological help. Certainly that the trial period of the person released ­ uslovnodosrochno, cannot pass without the control from the authorised state bodies. It is represented, that the given process should be promoted also by the rules of law establishing such rules which will promote the most effective integration condemned in a society. However the criminally-executive legislation as Russian Federation, and Byelorussia yet to the full carries out this function.

As a whole if to carry out analysis of the legislation regulating a postpenitantiary stage of is conditional-preschedule clearing of punishment (from moment of clearing and to termination of term of not left part of punishment) we will see, that in given period legal field of Russia and Belarus tests "vacuum" in a question of legal regulation of integration into society of the persons released conditionally-ahead of schedule. Is absent and centralised
special body which would answer for social adaptation of the persons released conditionally-ahead of schedule from punishment. The legal regulation analysis in the specified sphere has shown, that in Russia, unlike Belarus attempts of an establishment of legal regulation of social adaptation of the specified category of persons are undertaken. The analysis of statistical data for 2014-2017 Has shown [215] , that in the majority of subjects of the Russian Federation fixing in regulatory legal acts in the territory is social-adaptable actions, according to the accepted programs or laws growth of recurrent criminality is inherent. For example, a number of subjects of the Russian Federation laws on social adaptation of the persons released from the places of confinement have passed, however it has not affected decrease in growth of recurrent criminality: in the Kirov area growth for the specified period has constituted in 2017 in comparison with 2014 +15.2 %, in Arkhangelsk (+10.4 %), Voronezh (+20.4 %), the Jewish autonomous region (+30.3 %), Republic Bashkorstan (+7.6 %); laws on distribution (kvotirovanii) workers for the persons released ­ uslovnodosrochno or acceptance of measures, the stimulating employers employing the specified category of persons have shown growth of recurrent criminality: In Khanty-Mansiysk autonomous region (+9 %), Tver (+10.7 %), Saratov (+23.9 %), Ryazan (+9.9 %), Orenburg (+6.4 %), Kursk (+22.2 %), Pskov (-3.3 %), Tambov (+10.7 %), Tomsk (+20 %) areas, in republics Sakhas (Yakutia) (+29.3 %), Kareliya (+3.4 %), Tatarstan (+19.4 %), and only in the Kamchatka edge we see decrease (-2.3 %) and small enough percent growth Krasnodar territory (+2.3 %). Besides it, government programs of social adaptation condemned in Smolensk (­ 6 %), Pskov (-3.3 %), Magadan (+1 %), Sakhalin (+17 %), Orenburg areas, in republics Ingushetias (+48 %) and Sakha (Yakutia) are realised­. [216]

It is represented, that high level of recurrent criminality is promoted by that fact, that in pravotvorcheskoj and pravoprimenitelnoj practice does not have understanding of the term "social adaptation" which are accordingly interpreted by each subject of the Russian Federation on the. The general, in the analysed legislation that all legal acts considered by us understand a complex of actions as social adaptation is, however on what actions are directed, and also each subject already defines their kinds on the. So, for example, in the Kirov area of action are directed on the adaptation of persons to the accepted rules and norms of a society, rendering of the social help, protection of the rights and legitimate interests released [217] , in Arkhangelsk on social support and social service [218] , in the Jewish autonomous region on the adaptation of released persons to the norms of behaviour accepted in a society [219] , in Republic Bashkorstan on rendering of assistance in the social and labour device, protection of the rights and legitimate interests of the persons released from establishments ­ ugolovnoispolnitelnoj of system [220] . At the same time, criminal policy realisation at the state level demands ordering of legal base rather
concept and social adaptation measures, and also specification kategorialnoponjatijnogo ­ the device in one law. Besides the told it is necessary to notice, that preventive influence on recurrent criminality spent socially - adaptable actions it is high.

At present the legislation regulating ­ uslovnodosrochnoe clearing of punishment in the Russian Federation and Byelorussia, shows, that on a system basis criminally-executive inspections [221] , and also territorial OVD, carrying out preventive actions for the control over behaviour of the specified category of persons are engaged in postpenitantiary support of the person released conditionally-ahead of schedule, before the termination of term of not left part of punishment. However not it is the basic problem connected with a postpenitantiary stage ­ uslovnodosrochnogo of clearing. It consists that the given bodies, inherently, carry out only one problem - the control over behaviour of the person released conditionally-ahead of schedule, not solving thus the basic problem of the postpenitantiary period which integration into society of the specified category of persons is. Necessity of its decision repeatedly rose representatives FSIN of Russia, as well representatives of public organisations. In particular, the chairman of the commission of Public chamber of the Russian Federation on safety and interaction with ONK Maria Kannibah has noticed, that «In the course of serving of punishment under criminal law administration correctional facilities, according to the current legislation, carries out preparation condemned to clearing, will organise for them meetings with representatives of services of social protection and services of employment of the population. However on an exit the few address in the named services. Offered places of employment, an insignificant wages, absence of habitation» [222] do not arrange many it is correctly noticed in the scientific literature, that in realisation criminal
politicians the main attention is given to correction condemned, but there is not enough - social adaptation of released persons. [223]

In particular, in Byelorussia a duty to carry out the control over behaviour of the persons released conditionally-ahead of schedule, it is fixed in gl. 10 decisions of the Ministry of Internal Affairs of Byelorussia from 15.01.2014 ¹ 13 «About the instruction statement about an order of activity of territorial law-enforcement bodies on execution of punishments and other measures of the criminal liability» [224] we Will notice, that in the given decision not enough place is taken away to the control over the persons released conditionally-ahead of schedule. So, the above-stated normative act defines, that after statement on the account, criminally-executive inspection has the right to carry out following actions concerning the given category of the condemned: 1) in necessary cases takes out the decision about an establishment of periodicity of an appearance condemned for registration. The given point also defines, that in case the condemned will break the duties imposed on it by court or periodicity of an appearance, for registration concerning it administrative influence measures are taken, up to cancellation ­ uslovnodosrochnogo clearings; 2) besides it, inspection with a view of assistance in employment of the condemned recommends to the last to address according to the legislation in body on work and social protection. In case of change condemned places of work or study the employee of inspection enquires the reasons of dismissal or deduction condemned. In this case the reservation of the legislator regarding assistance in employment condemned is not absolutely clear, to be exact the term "recommends", which on the semantic value does not bear any obligatory loading both for condemned, and for officials of criminally-executive inspection.

Apparently, participation of employees of criminally-executive inspection in actions for social adaptation of the persons, released is conditionally-ahead of schedule insignificant and carries at the heart of the organisation more likely is administrative-supervising character of influence on the condemned.

the problem of social adaptation and in criminal and ­ ugolovnoispolnitelnom the legislation of the Russian Federation focused on primary realisation of control actions in not left part of punishment is not solved­.

Thus it is necessary to notice, that efficiency of use of institute of is conditional-preschedule clearing of punishment is estimated first of all through a prism of approachibility of the purposes of punishment. In the given foreshortening the specified institute of clearing of punishment is used as an element of the criminal policy of the state by means of which the motivation pravoposlushnogo behaviour condemned is initiated. The social control, in this case acts only as one of means, achievement of the given purposes. Therefore we consider true A.L.Remensona's statement what to correct condemned a little, it is necessary as well to make its useful member of a society [225] . Told forces to look on other at institute ­ uslovnodosrochnogo clearings of punishment in narrow sense, and on punishment institute in general which component is the specified institute.

the Operating criminal and criminally-executive legislation, first of all, delegates functions of the social control on special representatives bodies. However, we will notice, that powers of these bodies differ from the rights and the duties inherent to administration IU, for example, regarding application of measures of disciplinary influence.

After clearing of punishment it is conditional-ahead of schedule, condemned again it is accustomed to responsibility for the actions and acts which
are dictated not by a mode of places of the maintenance, and the requirements with which it is necessary to satisfy, not breaking behaviour rules in a society. The court, making of the decision on clearing condemned from punishment ­ uslovnodosrochno, renders it the credit of the trust based on results of the analysis of its behaviour in the course of enduring the punishment. However, after the clearing, condemned can and change the behaviour which positivity has been caused by a timeserving position that environment in which it served time. By researches in the given area it is established, that in conditions nesvobody when condemned forcedly it is isolated from a society, as a result of specificity of corrective influence rendered on it, its person is exposed to the considerable deformation caused by orientation to those values which provide it vnesotsialnoe the existence, which else name individual. At the same time the values reflecting obshchesotsialnuju essence of the person, fade into the background [226] . Thus it turns out, that, being in correctional facility, condemned it is accustomed to live «for itself», being guided exclusively on satisfaction of the individual requirements. Releasing from punishment condemned, there is its returning in society, however to the settled values accepted by it in correctional facility, especially, in case of clearing after departure of long terms of punishments. In this case it is not important, has accepted their condemned voluntary, or proceeding from a developing situation in which it has appeared. It is important to understand, it is how much strong in correctional facility at the condemned the habit to achieve the purposes is generated by lawful ways and means. As a matter of fact only it also is required from the established control in not left part of punishment.

However during the postpenitantiary period the control is only a part of those actions which during enough long period of time
should is spent with the person released conditionally-ahead of schedule. Speaking "should", the author of dissertation means, that they are not provided by the legislation, however the expediency of their carrying out is very high. ­ The interrogation spent among employees correctional facilities and criminally-executive inspections testifies to necessity of fastening for the legislation of actions for postpenitantiary integration of the person released from punishment ­ uslovnodosrochno. The most part of respondents (77 %) from quantity of the interrogated consider, that it is necessary to fix in the legislation as kinds, forms of is social-adaptable actions which will be it is spent concerning the persons released from punishment it is conditional-ahead of schedule, and the mechanism of their realisation. The interrogated respondents have noticed, that necessity of carrying out of any actions accompanying of the above-stated persons, except control, by the legislation directly are not established, and if are established, is washed rather away the mechanism of their realisation is reserved.

For example, legal bases of social adaptation under the legislation of the Russian Federation follow from item 1 Wick the Russian Federation establishing, that one of problems of the criminally-executive legislation is rendering condemned the help in social adaptation with a concrete definition in other positions of the criminally-executive legislation. In particular, according to item 97 Wick the Russian Federation is resolved short-term departure for correctional facility limits condemned for the decision of the questions connected with employment, a life. In addition, for condemned, containing in corrective colonies of the general mode, on the facilitated conditions, ch. 3 items 121 Wick the Russian Federation condemned, serving time in the facilitated conditions, with a view of successful social adaptation under their statement on the basis of the decision of the chief of a corrective colony six months prior to expiration of sentence is authorised to live and work under the supervision of administration of a corrective colony outside of a corrective colony, behind an exception
cases if is available motivirovannoe the decision of the chief of a corrective colony about refusal in residing and work behind its limits. For social adaptation the given position is rather effective, as allows to establish social relations at an enduring the punishment stage. The analysis shows Wick to the Russian Federation, that possibility to live outside of correctional facility is only at this category of the condemned. In IU, with more strict conditions of serving, possibility of such form of social adaptation is not provided. Meanwhile, from our point of view, such form should act as a basis of carrying out of is social-adaptable actions for correctional facilities and with more strict mode of the maintenance. Undoubtedly, fastening for condemned the rights to residing outside of correctional facility positively influences restoration of social communications that should affect positively results of social adaptation. At the same time it is not necessary to forget, that persons whom the court has appointed to serve time in correctional facility, serve time for more grave crimes, than a similar category condemned, containing on the general mode. Accordingly, the given category of the condemned possesses bolshej the social danger of the person, than condemned, containing in correctional facility on the general mode and, hence, the permission to residing to data condemned outside of correctional facility is inexpedient. However that these condemned could maintain social relations with close relatives, it is necessary to consider experience of the Great Britain as a possible variant of the decision of a problem. So, according to item 35 of Prison rules the condemned has the right for appointment to members of a family and friends every day of week. Time of carrying out of appointment depends on day of week when it is spent. So, at the week-days, condemned the days off, not less have the right than thirty minutes to appointment, lasting not less than one hour, and. [227] introduction of this practice in
activity correctional facilities, in the presence of corresponding possibilities Is represented, that, is capable to smooth barriers of social adaptation without damage to a maintenance mode.

Positions Wick the Russian Federations about social adaptation of persons are concretised in the order of the Ministry of Justice of the Russian Federation from 13.01.2006 ¹ 2 «About the instruction statement about rendering of assistance in the labour and household device, and also rendering assistance condemned, released from enduring the punishment in correctional facilities of criminally-executive system» [228] , establishing algorithm of actions of administration correctional facility six months prior to forthcoming clearing. It is possible to carry an establishment of an order to the positive moments of the given legal act and the sizes of rendering of the single single help.

Besides, in some questions of social adaptation of the persons released from punishment conditionally-ahead of schedule are engaged ­ ugolovnoispolnitelnye inspections. However in practice their participation is insignificant. According to the governmental order of the Russian Federation from 16.06.1997 ¹ 729 «About the Position statement about criminally-executive inspections and the specification of their regular number» [229] one form of participation of criminally-executive inspections in the course of social adaptation - the prevention of crimes and other offences the persons consisting on the account in these inspections is provided as a matter of fact only.

the Important role for social adaptation of the persons released from punishment conditionally-ahead of schedule is played also by the social adaptation centres. According to Federal service of the state statistics on the end of 2016 in territory of Russia 134 organisations which are carrying out the social help to persons, without a certain residence and employment [230] operated. Which for the specified year have served 87504 persons. [231] the Given organisations carry out wide enough spectrum of social services for the addressed persons: granting kojko - places, a food, sanitary processing, medical aid rendering, assistance in employment and restoration of the lost documents, granting of the single help, and also registration of physical inability for a premise in houses-boarding schools. Such algorithm of work of the organisations which are carrying out the social help to persons without a certain residence exists and in Byelorussia which are opened in the regional and regional centres. Considering specificity work of the given organisations, behind them it is expedient to fix a duty on working out of is social-adaptable actions at the reference of the person which is released from punishment including it is conditional-ahead of schedule.

In territory of Belarus, action for social adaptation during the postpenitantiary period the functional kernel form by means of their fastening in measures of preventive maintenance of offences [232] . The given measures are fixed in item 19 of the Law of Byelorussia from 04.01.2014 « About activity bases on preventive maintenance of offences », namely: 1) law-enforcement bodies provide the control over arrival of the citizens released from correctional facilities to the selected residence; 2) local
executive and executive bodies take measures on maintenance with premises and employment of the citizens released from correctional facilities; 3) local executive and executive bodies in an order established by the legislation, support to the organisations and the individual businessmen giving workplaces for employment of citizens, released of correctional facilities; 4) the organisations and the individual businessmen giving workplaces for employment of citizens, released of correctional facilities, have the right to partial indemnification of expenses on a payment of such persons directed on financing of actions for maintenance of employment of the population and other sources, not forbidden by the legislation. [233] Term of granting of indemnification cannot be more than 12 months.

Besides Law RB «About activity bases on preventive maintenance of offences», actions for social adaptation are regulated chch. 1-2 items 2, ch. 1 items 107, ch. 1 items 192 Wick RB, and also a number of subordinate legislation departmental certificates: «the Instruction about an order of carrying out and the organisation of educational work with condemned to punishments in the form of arrest and imprisonment», approved by the order of Ministry of Internal Affairs RB from 30.12.2013 ¹ 572; «the Instruction about an order of interaction of bodies on work, employment and social protection», approved by the order of Ministry of Internal Affairs RB from 30.03.2012 ¹ 47/93; «the Instruction about an order of rendering by administration of establishment of criminally-executive system of Ministry of Internal Affairs RB of the help condemned to restriction of freedom with a direction in correctional facility of open type or to imprisonment in labour
and the household device», approved by the decision of Ministry of Internal Affairs RB from 15.01.2014 ¹ 15 [234] .

Questions of social adaptation of persons somewhat concern powers of criminally-executive inspections of Byelorussia. So, according to Decision item 100 ¹ 13 Ministries of Internal Affairs RB are specified, only two kinds of actions which with great reserve can be carried to social adaptation measures: 1) at statement on the account, in criminally-executive inspection with the person who is coming under to the account, the conversation in which course at it biographical particulars are specified, data on close relatives, and also other data important for the control over its behaviour is spent; 2) with a view of assistance to the person released from punishment it is conditional-ahead of schedule, in vocational training and employment, criminally-executive inspection recommends to the given person to address in committee on work, employment and social protection.

In scientific circles absolutely obosnovanno the question on transformation of present legal regulation of the rights and duties of the person released from punishment is brought up is conditional-ahead of schedule in not left part of punishment, and also processing of the legislation for forming of qualitatively new system focused first of all on resotsializatsiju of the person. The term "resotsializatsija" at present concerning young and undeveloped in the domestic scientific literature, on what testifies absence of the uniform approach to understanding of the given process. So, I.I.Evtushenko under "resotsializatsiej" understands «set of legal, organizational, pedagogical, psychological, educational and other measures of influence on condemned, their negative valuable orientations applied for the purpose of change, elimination of negative consequences of isolation condemned, fastenings of results of correction, their inclusion in positive social

and rendering of the postpenitantiary help by it » [235] , the similar point of view I.M.Usmanov adheres to communication. [236] According to V.M.Bocharova, is the process beginning in correctional facility which essence consists in preparation for a life on freedom, and after clearing - the postpenitantiary help [237] .

According to the author of dissertation, resotsializatsija is the process consisting of two stages: the first stage is the correction, the second stage - social adaptation of the person released from punishment. And both stages resotsializatsii are dependent from each other. For example, we will consider a situation when the condemned was released from punishment conditionally-ahead of schedule, not having reached correction. It turns out, that at it the valid relation to the person, a society, work, norms, rules and traditions of a human hostel as that demands item 9 is not generated. Wick the Russian Federation also is not generated readiness to pravoposlushnomu to behaviour as that Wick RB demands item 7. There is a question: how the given person will pass social adaptation process if at it the valid relation to rules of a human hostel is not developed or it is not ready to lead pravoposlushnyj a way of life? In this case correction process in bolshej to a measure depends on an active vital position condemned, caused by the internal, subjective reasons of positive behaviour in the course of enduring the punishment. But the second variant which meets in practice of execution of punishment is possible - the person during enduring the punishment was corrected, to it qualities which demand item 9 Wick the Russian Federation and item 7 Wick RB are imparted, but it could not adapt for a life in society on objective
to circumstances (for example, has not found work, there were family and household disorders). As a result of it the person has stumbled and has committed a crime. Thus, process resotsializatsii nezavershen whereas social adaptation is not reached. However in this case it is impossible to give the unequivocal answer why the person could not adapt. It can be as the vital position constructed on negation public, and presence objective or, on other speaking, the social reasons of failure of integration into a society. In this case it is important to assist, if the person has asked about the help for the state for the decision of the problems which have collected in the course of enduring the punishment.

the Analysis of the operating criminal legislation has shown necessity of acceptance of the normative act regulating process of integration condemned in society. In the light of the told we will notice, that demands perfection functioning of institute of is conditional-preschedule clearing of punishment during the postpenitantiary period that is declared by positions of the Concept of development of criminally-executive system till 2020, and also the Concept of long-term social and economic development of the Russian Federation for the period till 2020, and also according to the order of the Ministry of Internal Affairs of Byelorussia ¹ 167 from 20.06.2016 «About the statement of the Concept of development of the organisations of criminally-executive system and medical-labour dispensaries of the Ministry of Internal Affairs of Byelorussia». Necessity of working out of the rules of law which are responsible for social adaptation of persons, released from enduring the punishment is marked and in scientific circles.

Thus, it is possible to draw a conclusion that there is a necessity to develop a rule on social adaptation of the persons released from punishment it is conditional-ahead of schedule, and to enter them in pravoprimenitelnuju practice. It will allow to use more effectively institute of is conditional-preschedule clearing of punishment at realisation of the criminal policy of the state that will allow to depart
from exclusively supervising functions expressed as a rule in infrequent visitings released from punishment is conditional-ahead of schedule employees of criminally-executive inspections and the Ministry of Internal Affairs or visitings for the purpose of check condemned by employees. To process of social adaptation of the persons released from punishment as effectual measures of preventive maintenance of relapse J.V.Andreevoj who considers is given, that for elimination of problem questions of social adaptation of the persons released from correctional facilities acceptance of some normative acts, such as is necessary: The federal act «About kvotirovanii workplaces for the persons released from the places of confinement», the Federal act «About the centres of social adaptation of the persons released from the places of confinement», and also actions for creation on the basis of correctional facilities of schools on preparation condemned to clearing [238] . At all not belittling scientific value of conclusions of the researcher it is necessary to notice, that it has not provided creation of the centralised body, called to carry out coordination of spent is social-adaptable actions. Especially such activity is necessary concerning the persons released from punishment is conditional-ahead of schedule in view of their specific legal status.

Improvement of quality of the spent control is difficult for reaching without expansion of the staff, called to provide the constant control over this category of persons. Moreover, it is impossible to provide within the limits of an existing legal field and effective work on social adaptation of the condemned without complex and system reforming of the legislation on social adaptation of the persons released from punishment it is conditional-ahead of schedule.

After clearing of the person of punishment it is conditional-ahead of schedule, its statement on the account and till the moment of the termination of not left part of the punishment appointed on
to a sentence vessels, employees of law enforcement bodies carry out actions for public involving in process of social adaptation of the persons released from punishment is conditional-ahead of schedule. However in view of a weak legal regulation of the given process this activity has not system, sporadic character. In this connection approaches to social adaptation and the control for released from punishment conditionally-ahead of schedule vary depending on region. So, for example, in FKU UII GUFSIN across Primorye Territory in all branches of criminally-executive inspections parental committees which structure includes close relatives condemned which consist on the account in branch are created: parents, adoptive fathers, trustees, representatives of the public and religious organisations, members of voluntary national teams. The structure of parental committee can include and strangers, not indifferent to problems of the given category of persons citizens. [239]

At the same time, in the course of studying of practice of interaction of law enforcement bodies with institutes of a civil society puzzles that fact, that in performances and interview of officials of law enforcement bodies the problem of interaction with them is outlined, as a rule, by narrow circle of problems. The number of the given problems, as a rule, includes the control over observance of constitutional laws and freedom of the persons consisting on the account in criminally-executive inspections [240] . Thus at the state level the problem of necessity of creation of system as public control is realised, and the help to the persons released from punishment is conditional-ahead of schedule.

As that example, that the given problem does not remain not noticed, we will result interview of the chairman of Public observant commission N.V. JAnkina which has noticed, that resotsializatsija the person released from punishment conditionally-ahead of schedule directly depends on a society involvement into returning of the given category of persons in society. In its opinion «the society a little
participates in destiny yesterday's condemned». [241] According to the assistant to chief GUFSIN of Russia on I.Hohlovoj's Kemerovo area, at this stage the sense of interaction of public organisations with criminally-executive system consists in finishing to a society, that persons who are at present in the places of confinement «once leave on will and become our neighbours. And consequently already now it is necessary to work over prevention of relapses. Condemned lost a family, not having habitation, works is the person standing on the verge of a crime. The former condemned require support - social, legal, psychological. Also it is a problem not only criminally-executive system, and all society as a whole ». [242]

Thus, studying of the criminally-executive legislation, the points of view of representatives of scientific community, the public and the state bodies on a problematics of postpenitantiary support of the person released from punishment is conditional-ahead of schedule, specifies in a weak legal regulation of social integration into the period of not left part of punishment and on necessity of working out of the rules of law defining not only behaviour condemned in the course of enduring the punishment, the right and a duty of officials of criminally-executive inspections, but also and fastenings at nation-wide level of legal base for coordination of joint efforts of criminally-executive inspections and the public for social adaptation released from punishment is conditional-ahead of schedule, during the postpenitantiary period. Working out of a uniform position, for acceptance of the normative act regulating postpenitantiary support condemned, an order of rendering to it of the social help Is required.

the Analysis of the scientific literature shows, that in scientific community as a variant of the resolution of problems, connected with the social control for released from punishment is conditional-ahead of schedule, also it is offered to solve and
by reference of the given legal phenomenon to sphere of execution of punishment. So, A.M.Pljusnin, suggesting to exclude is conditional-preschedule clearing of punishment from kinds of clearing of punishment, says, that: « UDO should become a measure, the sanction which changes punishment under criminal law in the form of imprisonment so that to provide social adaptation of the given category of persons, preobrazuja imprisonment in the punishment which has been not connected with imprisonment at the effective control over behaviour of persons from corresponding bodies. The given statement of a question allows to solve successfully the problems facing to the organisation of execution of punishments under criminal law » [243] . In our opinion, such replacement is inexpedient whereas change of a legal status of the person released from punishment is conditional-ahead of schedule, in any case is carried out under the decree accordingly and remedial costs in this case are equivalent. At the same time reference of institute of is conditional-preschedule clearing of punishment to a kind of clearing of punishment has essential stimulating influence on motivation condemned to work on self. Efficiency in this case is defined not by a legal status condemned, and an effective legal regulation and the co-ordinated actions of employees of criminally-executive inspections and community leaders (public organisations, the commercial organisations, simple citizens).

system engineering of rules of law which would fix participation of the public in the control of behaviour for conditionally-ahead of schedule released Is necessary. Existing rules of the control of behaviour for the condemned employees of law enforcement bodies do not allow to carry out behind them the constant control. At the best the condemned is checked by the given employees as a rule once a month in-home, or independently being on their call for registration.

Thus, for formation of the high-grade institute which is responsible for social adaptation condemned, transformation of the rules of law regulating the relations is necessary, connected with supervision of the persons released from punishment is conditional-ahead of schedule. Among the rational measures directed on qualitative improvement of functioning of institute ­ uslovnodosrochnogo of clearing of punishment in a postpenitantiary stage, institute introduction probatsii is.

the Analysis of practice of application of institute probatsii shows its high efficiency in business of social adaptation of the persons released from punishment. Its use allows to carry out, besides successful integration former condemned in a society, also the qualitative control them. So, in Latvia from the moment of introduction probatsii since 2007 on 2009 from 4.4 % to 2.1 % the percent of the persons who have committed during a trial period a crime has fallen. According to the Latvian scientists and experts, use of supervision of the persons released from punishment is conditional-ahead of schedule, becomes only then effective if besides forced measures, in it measures on resotsializatsii the person under surveillance of the person [244] are included. At the same time the system probatsii Latvia differs from traditional system probatsii, for example in the USA and the Great Britain. The basic difference of the Latvian system is that probatsija is first of all, a complex of measures, is social-legal influence on the person who has committed a crime. The given circumstance is the main difference from system probatsii in the USA and the Great Britain. In turn, probatsija in Latvia includes following actions: 1) supervision of the person, the probationeer or is conditional-ahead of schedule-released from punishment; 2) execution of forced hard labour, and also forced measures of educational character; 3) assistance to restoration of justice and pre-judicial settlement criminally-legal relations. The author considers, that
introduction in institute practice probatsii for the persons released from punishment will conditionally-ahead of schedule allow to extend it and to probationeers. For example, Century of the Item SHupilov, pays attention to the big role probatsii in process resotsializatsii of the persons released from punishment it is conditional-ahead of schedule, which is carried out as an influence measure «by rendering of the help directed on restoration of their person and control of their behaviour by it» [245] . Thus, institute introduction probatsii which, on the basis of other, statutory competences, will be engaged in postpenitantiary support of the condemned is expedient.

About necessity of creation of institute probatsii in the Russian Federation it is mentioned in the Concept of long-term social and economic development of the Russian Federation for the period till 2020 [246] . The Russian Federation Besides, created on the instructions of the President the special interdepartmental working group, in the beginning of 2012 had been developed offers on creation in Russia the specialised service knowing execution of punishments, not connected with imprisonment. The analysis of the offers prepared by given group shows similarity of the offered system probatsii with already operating institutes in Europe and the North America [247] . One of institute directions probatsii, the offered group, is «social adaptation and social rehabilitation of the persons who undergone criminal
to prosecution and have appeared in a difficult vital situation» [248] . However acceptance of the given normative act has been postponed for uncertain term for reasons of great volume of financial expenditure which accompanied introduction of the given service.

Unlike the legislator of the Russian Federation, the legislator of Byelorussia does not provide introduction in territory of the legal field of institute probatsii. In «concepts of development of organisations UIS and LTP the Ministry of Internal Affairs of Byelorussia» is reserved only, that among perspective directions of development increase of efficiency of social adaptation and the reintegration in a society condemned to imprisonment is provided.

the carried out analysis of legal acts regulating postpenitantiary support condemned, has shown, that in the national legislation as Russia, and Belarus at present is not present the legal base promoting creation of institute probatsii. Despite positions «Concepts of development of criminally-executive system of the Russian Federation till 2020», and also Concepts of long-term social and economic development of the Russian Federation for the period till 2020 in Russia and positions «Concepts of development of the organisations of criminally-executive system and ­ lechebnotrudovyh dispensaries of the Ministry of Internal Affairs of Byelorussia» in Belarus legislators as a matter of fact it is not accepted any normative acts providing introduction of the given legal institution. Certainly in the conditions of an existing legal field it is difficult enough to enter the new legal institution as it will demand processing of a considerable quantity of accompanying normative acts. It is represented, that the gradual transformation of standard base stretched on some stages with gradual introduction during a life legal
norms for formation of complete institute probatsii in this case is most expedient. In this case it is expedient to begin formation of separate structural directions of institute probatsii separately. Thus, in practice will be gradually, without radical lomki the developed public relations to be entered new norms. Thereby, the purposes declared by the above-stated Concepts will be reached by gradual evolution of the legislation. In this case postpenitantiary adaptation of the persons released from punishment is interesting to us is conditional-ahead of schedule, as one of the parts constituting institute probatsii. The basic problem interfering introduction of institute probatsii, consists first of all in questions of economic character. After all to enter the legal institution new as a matter of fact it is necessary to spend considerable formation of regular number of staff of newly founded department, to harden their material base.

At the same time, despite economic difficulties, institute introduction probatsii it is represented not only expedient, but also necessary. It is established, that one day of a finding condemned in correctional facility manages to the state budget at least three times more expensively, than its finding on freedom. We do not speak about the persons who are making grave crimes and not giving in to corrective influence from administration correctional facility, and about condemned, characterised positively. Accordingly, if the punishment purposes can be reached without use of such punitive measure as imprisonment in an obligatory case it is necessary for these to take advantage. However, as it has been told earlier, to enter high-grade institute probatsii at present it is not obviously possible. In this connection, in our opinion it is expedient to enter the "truncated" variant probatsii, regulating the public relations arising in connection with clearing of punishment it is conditional-ahead of schedule. Together with the specified category of persons in the field of legal regulation activity it is expedient to include and the persons released upon termination of departure of term
of punishment. The given measures will allow to start the mechanism of rendering of the social help to the persons released from correctional facilities. In view of legal vacuum of postpenitantiary support of the person released from punishment it is conditional-ahead of schedule under its reintegration in a society, it is expedient to accept the Federal act (the Law of Byelorussia) «About social adaptation of the persons released from establishments of criminally-executive system» which will allow to cover in a complex a regulation of the public relations connected with the reintegration condemned in society. However, and it is necessary to recognise it, normative act acceptance not always it is possible to solve all problems.

the Spent interrogation among persons who were released from the places of confinement in Minsk and the Minsk area, Moscow and the Moscow area, and also St.-Petersburg has shown, that one of the main problems from whom they the prejudiced relation of the public and potential employers to them because they former "convicts" faces, is. In this problem have specified 67 % of the interrogated persons. In most cases the employer demands from candidates as the basic requirement - clean record. And as a rule, in case of previous conviction presence - to them refuse. According to respondents, they get to a vicious circle, to break off which it turns out, only having deceived the potential employer. It is represented, that such approach does not promote social adaptation as already on an exit from correctional facility from the citizen who the behaviour has shown positive dynamics of lawful behaviour ability to deceive is required. In connection with told M.A.Yefimov's opinion that social disorder after the clearing, connected with indifference of associates can provoke aggression from the released person, generated by despair in the developed desperate situation [249] rather actually sounds. Thus, it is possible
to establish, that in a society mistrust to the people released from punishment till now is implanted.

to overcome this negative tendency, measures on change of the relation of employers to the given category of the condemned are necessary. With a view of stimulations of employers to employment of the persons released from punishment it is conditional-ahead of schedule, it is offered to carry out working out of programs which will provide the given category condemned equal, in comparison with other citizens, competitive advantage.

Thus it is visible, that the persons released from punishment ­ uslovnodosrochno, besides social, household, difficulties with work search, also face the prejudiced relation from potential employers. Besides attracts attention that fact, that the majority of measures which are undertaken by the legislator on work maintenance, interest as a rule employers of the state pattern of ownership, basically kvotirovanie workplaces passes at the enterprises of a municipal pattern of ownership [250] . It turns out, that to private business, in the majority the persons released from punishment it is conditional-ahead of schedule, are not necessary, as it is better to take the worker with «the pure biography and conscience», than the person who served time in correctional facility and is not known as itself will recommend. At the same time, it is represented, that effective work on stimulation in employment by the enterprises of a private pattern of ownership could raise appreciably quality of work on social adaptation. Without the public support, one is administrative-legal methods will reach tasks in view hardly. The specified problems can be solved by change in the legislation. The given changes should stimulate proprietors of the commercial organisations to acceptance for work
the above-stated persons. We will notice, that measures on stimulation should be adequate, not supposing thus competitive advantage to the persons released from punishment is conditional-ahead of schedule, but also not discriminating them before other categories to citizens on the basis of a previous conviction.

Thus, for the decision of problems of postpenitantiary adaptation it is necessary to consider the problem on how to interest potential employers from among proprietors of the commercial enterprises to consider condemned, containing in correctional facilities, as candidates at employment. We consider, that methods of is administrative-legal regulation here will be a little effective. It is necessary to develop the program constructed on the basis of cooperation of the commercial organisations with correctional facilities which carry out preparation of experts in the course of enduring the punishment on trades and to the specialities necessary for their further employment. Specificity of functioning correctional facilities, to be exact the status of the closed regime object impose restrictions for such cooperation. So, information interchange is originally necessary for prospect of cooperation of the candidate and the employer at an enduring the punishment stage that will allow to adjust long-term labour relations at least. At present developed pravoprimenitelnaja practice resotsializatsii does not presume to come into of the condemned such contact. For the decision of the given problem expediently creation of uniform base of vacancies, access to which would have condemned of the terminals which are in territory IU. Besides access to the given terminal also it is necessary to provide application possibility about employment to the potential employer. Proceeding from told, it is expedient to provide to take part in social adaptation process the commercial organisations with an establishment of corresponding privileges.

It is represented, that introduction of system of financial stimulus is not enough. Not less important in establishments of criminally-executive system to create
system of vocational training of experts in the trades claimed in a society. When the condemned will be claimed as the expert it will necessarily affect positively its social adaptation.

In connection with the told suggested to accept the Federal act «About social adaptation of the persons released from correctional facilities». In the law it is necessary to provide a number of directions on social adaptation of the condemned.

First of all it is necessary to fix concept of social adaptation as which it is necessary to understand a complex legal, kriminologicheskih, and also the social actions of the psychological, economic and organizational character directed on the prevention of relapse of crimes and integration into a society of persons released from correctional facilities.

Fastening of the given concept will allow to understand most precisely an essence of the given institute for development of offers on it implementatsii in an existing legal field of the legislation of Russia and Belarus.

the question Second for importance is definition of the body which is responsible for social adaptation of released persons. We have mentioned, that social adaptation, it is process not monosubject. Characteristic line of social adaptation is that the considerable quantity of the co-ordinated subjects is involved in it, each of which carries out the separate problem on integration condemned in a society. In the given context it will be expedient to establish the body which is carrying out coordination of activity of interested subjects which activity is necessary for successful adaptation in society of the person released from punishment it is conditional-ahead of schedule. It is represented, that in this case it is expedient to create the body which is engaged in working out of is social-adaptable actions which is accountable in the work to criminally-executive inspections on the basis of the centres of social adaptation and to create on the basis of the last the isolated division: « The commissions on affairs released from enduring the punishment ». At present at these
bodies considerable experience of interaction of the persons consisting at them on the account, and also with subjects is saved up, interaction with which was necessary for integration condemned in a society after is conditional-preschedule clearing. In turn, the condemned should state the requests for the help voluntary in the petition for is conditional-preschedule clearing of punishment which after its consideration together with a package of the documents necessary for administration correctional facility, is brought an action. Simultaneously with it it is necessary to develop a question of interaction of the given body with the subjects who anyhow are taking part in resotsializatsii and the control of the condemned. For the decision of the specified purpose introduction in pravoprimenitelnuju document practice on which basis with the person released from punishment is social-adaptable actions will be carried out is expedient. As that the author suggests to use «the Individual program of social adaptation». The document in which drawing up on the basis of the statement condemned in social adaptation services is engaged the social adaptation centre in a place of its residence or in an enduring the punishment place. The similar document is provided in the Kirov area - the card of social support for the person released from establishment of criminally-executive system [251] in which is fixed the list of the measures necessary for carrying out of is social-adaptable actions. However, the given document does not contain section with actions for the persons released conditionally-ahead of schedule. Concerning the specified category of persons it is necessary to provide in the individual program of social adaptation section «the Plan of stay in not left part of punishment of the person released ­ uslovnodosrochno» which is the binding document at all levels ­ uslovnodosrochnogo clearings in the organisation koordinirovannoj works official
persons and the organisations which are obliged to carry out postpenitantiary support condemned, released conditionally-ahead of schedule from punishment in not left part of punishment. We will notice, that inherently carried out is social-adaptable actions are voluntary which carrying out stops at will of the released person. At the same time, actions containing in «the Plan of stay in not left part of punishment of the person released conditionally-ahead of schedule» as section of "the individual program of social adaptation» are obligatory for the execution condemned whereas they are approved by court at acceptance of the positive decision on is conditional-preschedule clearing and cannot be cancelled at will of condemned except as under the decree.

Thus, centralisation of functions of the organisation of process of social adaptation within the limits of the competence of criminally-executive inspections will allow to create institute «truncated probatsii». According to the author of dissertation, legal registration of the given institute in that kind in what it is offered, shows similarity on a circle of participating subjects, and also on functional duties of the body which is responsible for centralisation of is social-adaptable actions, with circle of duties which are carried out at carrying out probatsionnyh actions concerning the persons released from punishment is conditional-ahead of schedule in the foreign states. So, in this case in a body role probatsii criminally-executive inspection which carries out functions as on supervision of persons released from punishment conditionally-ahead of schedule, and actions for their social adaptation acts. Fastening of competences on realisation of actions for social adaptation behind criminally-executive inspections expediently also from that point of view, that in Russia and Belarus is absent continuity of the legislation about complex institutsionalnom legal regulation of legal relations in area resotsializatsii the condemned.

In case of introduction of such organisation of process of social adaptation in Russia and Belarus the dual effect will turn out: first, the system of rendering of the social help of the citizens released from correctional facilities, without decrease in efficiency of the spent control will be ordered; secondly, in the long term institute introductions probatsii will "be run in" technologies of carrying out probatsionnyh actions that will undoubtedly positively affect on pravotvorcheskoj activity by working out of a legal mechanism of institute probatsii. Besides, introduction of the given legal mechanism will not be financially burdensome for the state budget in view of the developed social infrastructure and the turned out practice of work of criminally-executive inspections on interaction with not state organisations.

For the decision of questions of social adaptation condemned it is necessary to adjust for development of uniform strategy interaction of its subjects at all levels: penitantiary and postpenitantiary. [252]

Thus, the carried out research allows to make a number important from the scientific and practical points of view of conclusions:

1. Social adaptation of the persons released from punishment ­ uslovnodosrochno from establishments of criminally-executive system - a necessary element of a spent criminally-legal policy to which the Operating criminal legislation of the Russian Federation and Byelorussia is insufficiently given attention from a legislature of the Russian Federation and Byelorussia it is insufficiently developed fixes concept, procedure, and also powers of the authorised bodies concerning social adaptation of the persons released conditionally-ahead of schedule from punishment.

the Specified offer demands fastening of concept "social adaptation" under which author understands a complex legal, kriminologicheskih,
and also social actions of psychological, economic and organizational character directed on the prevention of relapse of crimes and integration into a society of the persons released from correctional facilities.

2. A conclusion about validity of acceptance of the Federal act of the Russian Federation (the Law of Byelorussia) «About social adaptation of the persons released from establishments of criminally-executive system» and creations on the basis of criminally-executive inspections of the division which are engaged in social adaptation of persons, conditionally-ahead of schedule released from punishment - «the commissions on affairs released from enduring the punishment» (for interaction with vessels, places of enduring the punishment and it is direct with condemned concerning coordination of their social adaptation and appointment of duties in a trial period to the person released ­ uslovnodosrochno).

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A source: Tit Alexander Aleksandrovich. CONDITIONALLY - PAROLE FROM PUNISHMENT In the CRIMINAL LEGISLATION of the RUSSIAN FEDERATION And REPUBLIC Belarus. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018. 2018

More on topic chapter 3. Problems of legal regulation of is conditional-preschedule clearing of punishment during the postpenitantiary period under the criminal legislation of the Russian Federation and Byelorussia:

  1. chapter 2. Problems of legal regulation of is conditional-preschedule clearing of punishment during the penitantiary period under the criminal legislation of the Russian Federation and Byelorussia
  2. § 1. Genesis of the criminal legislation about conditional-parole from punishment in the Russian Federation and Byelorussia
  3. § 3. A modern condition of the criminal legislation and pravoprimenitelnoj experts about conditional-parole from punishment in the Russian Federation and Byelorussia
  4. § 2. Concept, legal nature and social conditionality of is conditional-preschedule clearing of punishment
  5. § 1. The legal nature and the bases of is conditional-preschedule clearing of enduring the punishment
  6. Chapter 3. Is conditional-preschedule clearing of enduring the punishment and replacement of not left part of punishment with softer kind of punishment as interbranch incentive institutes
  7. § 1. The formal bases of is conditional-preschedule clearing of punishment
  8. § 3. A remedial order of realisation of is conditional-preschedule clearing of punishment
  9. § 2. The material bases of is conditional-preschedule clearing of punishment
  10. the Appendix ¹ 2 Analysis of data of expert interrogation by definition of directions of perfection of legal regulation of institute of is conditional-preschedule clearing
  11. the Chapter II. Features and problems of clearing of minors from the criminal liability under the legislation of the Russian Federation and Socialist Republic Vietnam
  12. chapter 1. Concept of deliberate causing of heavy harm to health under the criminal legislation of the Russian Federation and Byelorussia: rather-legal and kriminologichesky aspects
  13. chapter 1. Teoretiko-legal bases and social conditionality conditionally-parole from punishment in the Russian Federation and Byelorussia
  14. the Chapter III. Problems of perfection criminal zakonodatelyostva about responsibility for fulfilment of act of terrorism and prakyotiki its applications in the Russian Federation and in Byelorussia
  15. the Chapter II. The criminally-legal characteristic of act of terrorism under the legislation of the Russian Federation and Byelorussia