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Penitentiary Probation as a Basis for Compensation for Violation of the Conditions of Detention in a Correctional Institution
- Authors: Popova E.E.1
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Affiliations:
- Russian State University of Justice named after V. M. Lebedev
- Issue: No 10 (2025)
- Pages: 104-112
- Section: Criminal law studies
- URL: https://journals.rcsi.science/2072-909X/article/view/361507
- ID: 361507
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Abstract
The article discusses the issues of consolidating penitentiary probation as an element of the conditions for serving a sentence. The penitentiary legislation, having included in the content of penitentiary probation the significant rights of convicts recognized as needing its application, thereby referred this type of probation to the conditions of detention in a correctional institution, which gives convicts sentenced to deprivation of liberty the right to apply to the court in case of violation of such conditions.
The methodological basis of this work consists of general scientific methods (analysis, abstraction, deduction, induction, synthesis, generalization) and special scientific methods (comparative-legal, formal-legal).
A comparison of the structural elements of penitentiary probation with the conditions of detention of convicts in correctional institutions is carried out. The analysis of judicial practice has shown that violations of similar rights of convicts are recognized by the courts as the right to compensation.
The author concluded that penitentiary probation becomes the basis for compensation in cases of violation of the conditions of detention in correctional institutions. Since probation measures are aimed at protecting the rights and legitimate interests of convicts, providing a set of measures for the re-socialization, social adaptation and rehabilitation of convicts, the violations identified in the course of probation activities, such as inadequate medical, material and living support, restriction of rights to social ties and the filing of complaints, become the basis for convicts to apply to the courts with a claim for compensation. The legislation obliges correctional institutions to create appropriate conditions for probation activities, which makes penitentiary probation an integral element of the legal regulation of the conditions of detention of convicts sentenced to deprivation of liberty.
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About the authors
Elena E. Popova
Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: anatelsvetjen@mail.ru
ORCID iD: 0000-0001-5246-6353
Doctor of Science (Law), Associate Professor, Professor at the Criminal Law Department.
Russian Federation, MoscowReferences
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