Концепция пробации в отношении несовершеннолетних в российском и зарубежных законодательствах

Abstract

The article examines in a comparative aspect the conceptual approaches of domestic and foreign legislators to the phenomenon of probation. The purpose of the study is to identify the features of the legal framework for probation measures and the practice of their implementation in relation to minors. The solution to two interrelated scientific and theoretical problems is aimed at achieving this goal - studying the experience of designing and implementing norms regulating probation abroad, and correlating it with the domestic probation model to identify prospects for improving the domestic probation institution. During the study, comparative legal and formal logical methods were used. Based on a comparative analysis of the norms of the Federal Law “On Probation in the Russian Federation” and the legislation of foreign countries, similarities and differences in the theoretical justification of the institution of probation for minors were identified. The author's vision of the place of probation in preventing the relapse of crimes committed by minors is presented. Proposals have been made to improve the legal and organizational support for probation for minors.