The problems of the institution of probation in the national criminal legislation

This article analyzes the institution of conditional conviction, which was proposed for introduction into the criminal law as an exceptional measure at the beginning of the last century, but began to be applied only in the Soviet legislation. The purpose of the article is to identify the positive and negative aspects of the law enforcement of this institution of law. As the main drawbacks of the use of the institution of conditional conviction, the author of the article refers to the overstated term of imprisonment specified for application in article 73 of the criminal code, the possibility of re-conditional conviction of already conditionally convicted, as well as other concessions and concessions to conditionally convicted for violations committed during the probation period. The author offers concrete measures for elimination of the revealed problems and return to conditional condemnation of the contents which was put by its founders.

условное осуждение, наказание, испытательный срок, преступление, уголовный закон, лишение свободы, обязанности