Assistance in the restoration and strengthening of social ties to persons subject to probation: legal and organizational issues

• Published in: Penitent͡s︡iarnai͡a︡ nauka Vol. 18; no. 3 (67); pp. 279 - 288
• Main Authors: Babayan S.L., Ustinov A.A.
• Format: Journal Article
• Language: English
• Published: Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia) 01.09.2024
• Subjects: convict; family ties; penal system; probation; punishment; social ties
• DOI: 10.46741/2686-9764.2024.67.3.008
• ISSN: 2686-9764

Introduction: the article considers legal issues of assistance in the formation and strengthening of social ties of persons subject to probation, identifies problems that arise in the implementation of these activities by bodies and institutions of the penal system when interacting with probation subjects, and proposes ways to solve them. Purpose: based on the analysis of empirical data from penitentiary bodies, to identify problems arising in their activities when restoring and strengthening social ties of persons subject to probation and propose ways for their solution. Methods: formal legal, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Results: the analysis of the regulatory framework governing probation and empirical information on the restoration and strengthening of social ties of persons subject to probation shows the existence of organizational problems, such as the need to take into account provisions of the Federal Law “On Personal Data” when receiving and providing information about relatives of a convicted person and other wanted persons, the need to cooperate with public authorities and involve public and religious organizations, and other civil society institutions in restoring and strengthening social ties of persons subject to probation. Conclusion: in order to solve the problems arising during the restoration and strengthening of social ties of persons to whom probation is applied, it is necessary to take into account provisions of the Federal Law “On Personal Data”, which presuppose the receipt and transfer of personal data of convict’s relatives and other wanted persons to the convict only with their written consent. It is necessary to expand and improve the practice of concluding agreements between penitentiary bodies and public authorities, public and religious organizations in order to constantly interact on issues of restoring and strengthening social ties of persons subject to probation.