Adaptation and transfer of non-custodial sentences execution: International and Russian issues in legal regulation

Abstract

The article studies the legal institution of adaptation and transfer of non-custodial sentences execution. The paper considers the specified institution in the context of international cooperation of the Russian Federation. The research aims to comprehensively analyze the problems in implementing Article 469.1 of the Code of Criminal Procedure in Russia, which regulates the adaptation of foreign punishments. In order to achieve this goal, the author references the international legal framework, detects gaps in Russian law, and suggests ways to develop the national legal system. The study’s methodology includes a comparative legal analysis of international conventions and provisions of Russian legislation. Moreover, the article applies the methods of overall and legal interpretation, which enable identification of contradictions and complications in modern law enforcement practice. The conducted analysis systematizes unresolved issues related to the adaptation of foreign sentences. The work focuses on the following problems: lack of unified criteria for correlation of the foreign punishment types with the Russian law, risk of aggravating the situation of the convicted individual in the adaptation process, and judicial practice inconsistency. The scientific novelty of the research lies in drawing attention to the challenges of introducing foreign probation measures into the Russian legal system. Based on the examination of recent legislative amendments, the paper proposes measures to address the aforementioned issues. The author concludes with an emphasis on further development of the adaptation institution. The research prospects comprise creating a common method for sentence correlation, legislatively consolidating preservation of the convicted person’s status, and elaborating clarifying provisions by the Supreme Court of Russia. The latter would ensure the uniformity of judicial practice and effective protection of individual rights.