Author

Zinina N.A.

Title of article

Administrative supervision in the prevention of post-penitentiary crime: the role and efficiency

Section

Section 5. Penitentiary system

Issue, year

1 (35) 2016

Abstract

The role and effectiveness of the administrative supervision institution in the prevention of post-penitentiary crime are analyzed. Foreign countries’ practice is taken into account. The rules of various branches of law regulating the administrative supervision and the criteria of its application are compared. It’s stated that during administrative supervision the purpose of post-penitentiary adaptation isn’t often achieved. It’s shown that the lack of clear legal status of post-penitentiary influence prevents the formation of uniform practice of applying criminal and penal legislation. The prospects of legislative regulation of administrative supervision within the framework of resocialization of persons having served the imprisonment sentences are outlined. Despite the high preventive role of administrative supervision, the problem of its quality, caused by reoffending during the period of its implementation and low efficiency of post-penitentiary adaptation, still remains. To improve the role and effectiveness of administrative supervision it’s proposed to transfer this function to criminal executive inspections along with individual preventive work, which will increase the activity and responsibility of correctional institutions when applying for the establishment of administrative supervision before the court. The necessity to take into account certain types of pre-criminal behavior of convicts in prisons is substantiated: a tendency to encroachments on sexual freedom and integrity, systematic violation of internal regulations, a tendency to attacks on the correctional institution administration, organization or active participation in gambling to benefit, organization and provocation of group countering the requirements of the administration. It’s proposed to review the quality and content of administrative supervision, to overcome its declarative nature.

Keywords

аdministrative supervision; post-penitentiary adaptation; prevention of recidivism; mode of punishment.