Improvement of Institution of Parole Release and Its Implementation Practices

Abstract

© 2019 Igor Olegovich Antonov et al., published by Sciendo. The scientific article is devoted to the study of parole from serving a sentence as the most important incentive institution of criminal and penal law. The study of this type of exemption from punishment revealed a number of moments not sufficiently regulated by the legislator, affecting the grounds for both the application and non-application of parole. As a basis for exemption from criminal punishment, not any assessment of the degree of correction of the convicted person was recorded, but only one that contributes to acceptable correction and positive resocialization of the offender without actually serving the unserved part of the criminal sentence. It is important that the legislator determines the inadmissibility of unjustified release of convicts from serving their sentences. The problematic issues of applying this institution are: the grounds for parole, which are not sufficiently clarified; situations concerning the objectivity of decision-making on granting or refusal to grant parole; the absence of a legislative specific specialized state body endowed with powers to control the behavior of those released on parole, capable of effectively implementing them. The article proposes solutions to these problems, providing a qualitative increase in the effectiveness of the application of the considered incentive institution.