The goals of probation in Russia: defects and contradictions

The article presents the results of a study on the target characteristics of the domestic probation model as a marker of the legislator's perception of the problems of reality related to the social, domestic, and economic difficulties faced by individuals previously subjected to criminal liability upon their reintegration into society, as well as the high rates of recidivism in the country. The relevance of research in this area is connected with the fact that objectives serve as the initial position of the socially inclusive activities of probation subjects, its driving force, and guiding factor. The effectiveness of applying the institutionally limited set of norms that enshrine the list, grounds, procedure, and features of probation measures depends on the quality of their formulation. The improvement of the conceptual foundations and functioning strategy of the probation institution, including issues of its goal-setting, reveals potential for solving the scientific challenges related to ensuring the national security of the Russian Federation, as well as enriching domestic legislation and law enforcement practices. The methodological basis of the research is presented through the dialectical method of cognition, as well as a combination of general scientific (analysis, synthesis, induction, deduction, abstraction), interdisciplinary (axiological, historical), and specially legal (formal-legal, methods of interpreting legal norms) methods. The conclusions of the author regarding the presence of structural and substantive defects and contradictions in defining and normatively enshrining the goals of probation, expressed in the use of disparate concepts that overlap with each other, form the result of the scientific work; reflecting in some cases the individual needs of the individuals to whom probation is applied; and the terminological inaccuracies of the regulatory material. In this regard, it seems justified to apply a dualistic approach to specify the teleological characteristics, where the key elements will be the subjective (correction of the social behavior of the individual subjected to probation) and objective (preventing the commission of new crimes by such individuals) results of the directed socially inclusive assistance from authorized subjects. The obtained results contribute to the expansion of theoretical knowledge about the legal mechanism for combating recidivism through the application of probation and may serve as a basis for potential legislative adjustments.