Resocialization of Convicts: Some Theoretical and Legal Aspects

When considering various aspects of the re-socialization of convicts, its inadequate theoretical elaboration and insufficient focus on post-penitentiary prevention of the commission of new crimes were established. The article reveals numerous shortcomings of criminal, penal enforcement and other legislation regulating the institution of resocialization of convicts. It is concluded that even with the participation of the court deciding on the early release of a convicted person from serving imprisonment (parole, release from punishment due to a serious illness of the convicted person or replacement of the unserved part of the deprivation of liberty with a milder type of punishment), post- penitentiary issues are not sufficiently taken into account. The article substantiates the provision that when making such a decision, the court should take into account the possibility (not) of achieving the goals of penal enforcement legislation, the forecast of post-penitentiary behavior of a person, the likelihood of committing a new crime or other offense, as well as the need to provide him with appropriate assistance.