Probation in the Russian Federation: subjects of resocialization

Kaluzhina Marina Anatolievna ORCID: 0000-0003-4603-4129 Doctor of Law Professor, Department of Criminalistics and Legal Informatics, Kuban State University; Teacher, Interregional training center for training employees of special purpose departments of the Federal Penitentiary Service of Russia in the Krasnodar Territory 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 kaluzhina.marishka@yandex.ru

Pestov Viktor Vladimirovich Auditor of the Chamber of Control and Accounts, Krasnodar Region 350020, Russia, Krasnodar Territory, Krasnodar, 176/1 Kommunarov str. kspkk@bk.ru

Introduction. Considerable attention is paid to the problems of re-socialization and social adaptation of convicts by domestic ^[1-5] and foreign ^[6-8] science. The significance of the study is due to the goals of the penal enforcement policy at the present stage, the success of solving the tasks of returning former convicts to society, preventing and preventing the commission of new crimes. Despite the significant number of publications in the science of penal enforcement law, criminology, psychology and pedagogy with the entry into force of the Federal Law of the Russian Federation "On Probation in the Russian Federation", there is an urgent need to analyze the subjects of the organization of probation activities for persons released from prison, taking into account the areas of their activities, competencies and modern realities.

The term "probo" in Latin means "I prove my worth" and means an assessment of the abilities and capabilities of a convicted person to lead a law-abiding lifestyle in freedom. The analysis of the components of success makes it possible to determine the factors and conditions for the effectiveness of the implemented probation measures, to determine the main directions of correction of an individual's social behavior, social adaptation in society based on the principles of respect for human rights and freedoms, humanism, legality ^[9].

The normative legal provisions of article six of the said Federal Law include federal executive authorities; state authorities of the subjects of the Russian Federation; institutions of the penal enforcement system; state institutions of the employment service; social service organizations among the subjects of probation.

In our opinion, this list needs to be revised and updated. In support of our position, we present the following arguments. Thus, the list should be expanded by defining the convict himself in it: after all, the success of the process of re-socialization acquires an optimal character when its subjects are persons striving for self-change, self-development, who are firmly on the path of correction ^[10]. The criminal must prove to society and the state the ability to remain free, demonstrating a strong desire to work, the ability to restore socially useful ties, etc. ^[11]

At the same time, it is necessary to warn against dangerous tendencies towards imposing a decision on prisoners to become a participant in probation, forcing them to implement measures in the field of probation. The content of probation measures can be characterized as a set of measures of specific impact on the offender of a socio-economic, pedagogical, educational, legal nature, by providing assistance aimed at social adaptation, social rehabilitation: organization of work, assistance in mastering and consolidating professional and work skills ^{[12, p. 42]}. The main task of the measures being implemented is the implementation of measures of influence, taking into account the severity of the crime committed, compensation for damage caused by the crime, minimizing the likelihood of committing a new crime, ensuring the safety of society and the state.

From such positions, probation has been consolidated in international legislation as a socio-legal institution that promotes the rehabilitation of a convict who is not subjected to the destructive influence of prison, while maintaining a real prospect of correcting convicts (Khutorskaya N.B. Institute of Probation in the USA: criminal law, criminological and organizational and managerial aspects: diss. ... Candidate of Legal Sciences, M., 1992).

Probation institutions abroad have emerged since the adoption of relevant regulatory legal regulations and have proven their usefulness in practice. The national legislation of foreign countries provides for a wide range of interested ministries and departments as participants in the social re-socialization of offenders, it is important to implement such a punishment measure by specially created probation services with the inclusion of the public, individual citizens, organizations and institutions, scientists, practitioners in the process. Probation services provide multidimensional support for convicts to adapt them to society ^{[13, p. 95]}.

According to European experts, the refusal of a former prisoner from committing new crimes is a long process and requires constant attention both during serving a prison sentence and after release. This understanding of the probation institute presupposes comprehensive interventions based on continuous correction, guardianship and support, called the "end-to-end patronage" approach ^[10]. It is based on the idea of the expediency of using non–punitive measures to influence the offender, re-education, provision of services, provision of assistance, control over behavior.

The above arguments give an understanding of the specificity of the process, its long–term nature, and allow us to state the multi-subjectivity of its implementation ^{[14, p. 22]}, the essence of which is the resocialization effect as a complex, dynamic, multilevel and stage-by-stage process of interrelated actions to restore the convicted person's rights, status, health, and legal capacity in their own eyes and in the eyes of others.

The mechanism of resocialization is complex, variable and multidimensional. In this regard, the Federal Law provides for the possibility of participation in social and re-socialization activities of commercial and non-profit organizations, religious, socially oriented public associations providing social services, implementing individual programs for people with drug and alcohol dependence. It is clear that the relevant work is carried out in cooperation with authorities, including at the municipal level within the framework of state social policy, at the same time it has the goals of social adaptation, social rehabilitation of persons subjected to criminal prosecution and punishment ^{[15, p. 319]}.

The key to success is a client–centered approach to each offender in order to achieve an individual result, in conditions of a more effective distribution of efforts of law enforcement entities, saving material resources ^{[16, p. 125]}. In this regard, it is appropriate to initiate the inclusion of municipal authorities among the subjects, providing for a set of measures aimed at introducing the institute of probation, developing initiatives that stimulate law-abiding behavior after release, creating conditions for employment, providing benefits and subsidies to employers, job quotas.

At the same time, attention should be paid to the unfavorable socio-criminological characteristics of probation facilities, to emphasize the negative trends towards an increase in the number of convicts with increased aggressiveness, mental disabilities, prone to various forms of destructive behavior – conflicts, self-harm, suicide, gravitation to negative groups; a large number of those on preventive registration, suffering from alcohol and narcotic addiction dependence ^{[17, p. 127]}. A prognostic assessment of the criminogenic situation in places of detention does not give grounds to expect its rapid positive change, it is determined by the crisis situation in the country, and is closely interrelated with other social and spiritual phenomena in society.

A correct understanding of the essence of this institution allows us to make recommendations on the legislative consolidation of internal affairs bodies in the person of district police officers, operational staff as subjects of probation, primarily in the aspect of identifying, eliminating and neutralizing negative phenomena and processes within the framework of a unified concept of coordinating forces, means and methods with the involvement of civil society institutions and representatives of the public on a broader scale to the public control of ensuring the goal of correcting criminals.

That is why we consider it advisable to focus on the consideration of theoretical substantive structures, their semantic content, forms of normative expression, organizational features of law enforcement practice, authorized subjects, substantive aspects of social corrective impact, progressive forms and methods of organizing control and corrective measures in relation to the phenomenon we are considering.

In addition, the purpose of the probation institute is to save the repressive means used against the offender, to save the material costs of detention in places of deprivation of liberty. An important social consequence of the use of probation is that, in comparison with real imprisonment, the probationer has great opportunities to preserve socially useful ties, especially family, kindred ones, the opportunity to work, which reduces the economic and social harm caused by the committed crime ^{[18, p. 294]}.

It is impossible to ignore the powerful volunteer sector, the establishment of partnerships with various institutions in the field of integration and employment, the provision of legal, social and psychological assistance to persons in respect of whom probation is applied ^{[19, p. 94]}.

Noting the uniqueness of the institution of probation in the countries of the socialist legal family, we point out that probation activities are not limited only to the control and organization of the execution of punishments without isolation from society. In a broad sense, this is any activity that serves the purpose of reintegrating a criminal into society ^{[20, p. 148]}. In this sense, probation in the People's Republic of China (hereinafter referred to as the PRC) is considered as an element of social and criminal policy that contributes to reducing crime, recidivism, and public safety. In the PRC, there is a system of public impact measures ^{[21, p. 170]} implemented against persons who have committed crimes of low severity, representing a low degree of threat to society.

Conclusion. The essence of the phenomenon under consideration and the content of corrective interventions highlighted during the analysis allow us to conclude that

– the specific nature of the resocialization process, its duration, stages, sequence, continuity, dynamism, interconnectedness of the actions of the subjects;

– the need to supplement the list of probation subjects, due to the variability of socio-economic, medical, educational, pedagogical measures used in the process of resocialization, social adaptation of the convicted person;

– a wide range of functions and forms of resocialization impact in overcoming a difficult life situation, the subjects of their implementation are a wide range of interested ministries and departments, while emphasizing the integrative nature of the participation of various institutions, the help of volunteers, the public;

– the will and conscious desire of the probationer to lead a socially approved lifestyle;

– the openness of the functioning of the probation institute with the support of civil society and civil initiative.

Understanding the social significance of the institution in question requires understanding the phenomenon not only within the framework of the national legal system of a particular state or the international community as a whole, but also actualizes comparative legal studies of the dynamics of its emergence and development, taking into account the specific identity of foreign states. The research will make it possible to develop practical recommendations related to the possibility of receiving legal institutions, to assess the adaptation of legal structures and models of legal regulation in the socio-cultural space.

It can be concluded that probation as a phenomenon has been evolving throughout its history. The gradual transformation of the doctrine of criminal punishment from a strategy of intimidation to correction served to reformat the goals, objectives, principles of corrective action, and crime prevention.