THE SCIENTIFIC-THEORETICAL AND LEGAL VIEWS ON THE FORMATION OF THE INSTITUTION OF PAROLE (EARLY CONDITIONAL RELEASE FROM SERVING A SENTENCE)

Studying the history of the formation and development of the institution of conditional early release from serving a sentence in criminal law, analyzing the results achieved during the period of this institution, and studying the reasons for the occurrence of errors made makes it possible to further improve the existing system of the practice of conditional early release from serving a sentence. The institution of conditional early release from serving a sentence has existed since ancient times and was applied to a person upon the commencement of criminal prosecution, based on the nature and consequences of the criminal act committed by him, as well as the person's behavior and attitude towards the criminal act committed. This circumstance testifies to the fact that the fundamental and philosophical foundations of today's practice of conditional early release from serving a sentence have been formed and gradually developed. In the article, the author analyzes the views of researchers on the manifestation of the institution of conditional early release from serving a sentence in the elements of ancient law, its development in accordance with the ideas of statehood existing in the history of our country, and the emergence and formation of this institution. The stages of formation of the institution of conditional early release from serving a sentence are described in accordance with the formation of other institutions of criminal law and the nature and features of its historical development.