PROBATION AND PENAL LEGISLATION OF THE RUSSIAN FEDERATION: ISSUES OF CORRELATION OF SPHERES OF LEGAL REGULATION

The adoption of Federal Law No. 10-FZ dated February 6, 2023 «On Probation in the Russian Federation» is an important event in the development of the modern legal system of Russia. The issue of the relationship between probation and penal legislation in the Russian Federation is of theoretical and practical importance in the areas of legal regulation and law enforcement. In the areas of penal and probation, there are legal relations conditioned on the execution of criminal penalties and other measures of a criminal nature imposed by the court. The general purpose of both the penal legislation of the Russian Federation and the Federal Law on Probation is to prevent the commission of repeated crimes. At the same time, with the adoption of the Federal Law on Probation, the scope of penal law in the Russian Federation is expanding. At the same time, it cannot be stated with certainty that the institute of probation is an integral part of the penal legislation. Penal and probation legal relations differ during the period of implementation of post-penitentiary probation. The subject of the Federal Law on Probation goes beyond the scope of the subject of penal legislation by regulating relations to provide assistance to persons released from punishment after serving a term of imprisonment or forced labor. In this connection, researchers note the intersectoral nature of probation, primarily post-penitentiary. Executive probation and penitentiary probation can be considered as an institution (sub-institute), a source of penal law. The Federal Law on Probation fills in the regulatory insufficiency of Russian penal law, defines the necessary directions for the development of penal legislation, determines the development of the doctrine of domestic penal law. Taking into account the common goals and differences between penal legislation and probation legislation, the necessity of delineating the spheres of their legal regulation is justified on the basis of determining the limits of penal relations operating during the execution of punishments and other measures of a criminal legal nature, as well as the limits of probation legal relations associated with the execution of punishments and other measures of a criminal legal nature, which then continue to be implemented within the framework of post-penitentiary probation.