СRIMINAL-EXECUTIVE PRINCIPLES OF ADMINISTRATIVE SUPERVISION OVER PERSONS RELEASED FROM PLACES OF DEPRIVATION OF LIBERTY

Abstract

The article provides a comprehensive analysis of the criminal-executive principles of administrative supervision over persons released from places of deprivation of liberty. The legal nature of administrative supervision as an interdisciplinary institution combining elements of criminal-executive and administrative law is investigated, and its place in the system of post-penitentiary impact measures is also determined. The features of the legal status of persons subject to administrative supervision are disclosed, and the grounds, procedure, and conditions for its application are described. Particular attention is paid to the role of penal institutions in forming the grounds for establishing administrative supervision, in particular through assessing the behavior of convicts, the degree of their correction, and the presence of signs of persistent criminogenic disposition. The problematic issues of distinguishing the concepts of “malicious violation of the order of serving a sentence” and “stubbornly unwilling to embark on the path of correction” are analyzed. The place of the concept of “stubbornly unwilling to embark on the path of correction” as a criterion influencing the decision-making on the appropriateness of applying administrative supervision is clarified. The need for legislative consolidation of criteria for determining the degree of correction of a convicted person, in particular «stubbornly unwilling to embark on the path of correction,» is substantiated. This approach should stimulate conscientious behavior of the convicted person, since from the first days of his stay in places of deprivation of liberty he will have a model of the behavior that is necessary for each individual case of changes in the conditions of serving imprisonment. The absence of such criteria eliminates the possibility of the administration of the penal institution to determine the degree of correction of the convicted person. In fact, the basis for establishing administrative supervision under paragraph «b» of Article 3 of the Law of Ukraine «On Administrative Supervision of Persons Released from Places of Deprivation of Liberty» is only the conviction of a person to imprisonment for committing a serious or especially serious crime or being sentenced to imprisonment two or more times for intentional crimes.