On Legality of Restriction of the Right to Freedom for Probationers Evading the Control of Penal Enforcement Inspections

The article explores the current practice in Russia of detention and committal to prison of probationers during the proceedings for the probation revocation and the execution of a sentence. Considering that there are no special norms in Russian legislation regulating the procedure for such persons during the probation period, and in law enforcement, courts actively apply these coercive measures to probationers, referring to the norms in force with respect to the accused and those sentenced to real punishment, the author conducts a thorough analysis of the proceedings for the probation revocation and comes to the conclusion, that the current practice of restricting the right to freedom of probationers in order to ensure their participation in a court hearing to consider the submission of criminal enforcement inspections on the abolition of suspended sentences does not comply with current Russian legislation.