Volume 04 Issue 08-2024
21
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
21-25
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the author provides a legal explanation of the stage of punishment in which conditional early release
from serving a sentence, the experience of foreign countries in this regard, the opinion of legal scholars, as well as the
decision of the court that issued conditional early release from serving a sentence.
KEYWORDS
Parole, foreign experience, credits, court verdict, opinions of scientists, obligations.
INTRODUCTION
The fundamental reforms being carried out in all
spheres of society during the period of building a new
Uzbekistan to glorify human dignity and ensure human
rights also relate to the exemption from criminal
punishment. The institute of early conditional release
of persons from serving a positive sentence of a
criminal nature is based on humanism in the field of
combating crime in the Republic of Uzbekistan and is
in accordance with international standards.
Understanding the legal essence of any institution
includes defining the necessary conditions for its
emergence, analyzing its legal content, defining the
place and role of other legal institutions in the system,
their similarities, differences, and relationships. The
solution of these issues has not only theoretical but
also practical significance, predetermining the limits
and procedure for legislative regulation of the rules of
its application.
The institution of parole is a means of rewarding
convicts who have succeeded in proving their moral
correction among convicts, as this institution
significantly represents the criminal motivation of
Research Article
THE ESSENCE OF THE STAGE OF PAROLE IN THE EXECUTION OF
PUNISHMENT AND ITS THEORETICAL AND LEGAL ASPECTS
Submission Date:
August 20, 2024,
Accepted Date:
August 25, 2024,
Published Date:
August 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue08-04
Khalilov Doniyor Abdulazzat Ugli
Teacher of The Department of Penitentiary Activities of The Academy of The Ministry of Internal Affairs of The
Republic of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 08-2024
22
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
21-25
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
positive behavior enshrined in law and serves as a
stimulus measure of a criminal-legal nature.[1]
Our observations indicate that most imprisoned
prisoners, after serving a long sentence, do not change
their behavior even when the time comes for their
conditional early release from prison, because they do
not strive for freedom due to the loss of their socially
useful connections in society. This may also be due to
the fact that they will not be expected in freedom and
will not have a home to live in freedom.However, if
they hope for freedom from someone, they can find
the strength to improve themselves morally, and they
will definitely change, but this is observed in a few
cases.
Scientists have different views on which stage of
punishment conditional early release from serving a
sentence is. In particular, N.A. Belyaev,[2] M.A.
Efimov[3] considers one of the methods of serving a
sentence and the final part of the process of
deprivation of liberty, A.A. Piontkovsky considers a
special form of changing the sentence and reducing
the term of punishment,[4] A.F. Siziy considers the
subjective right of the convicted person, that is, actions
aimed at achieving the goals and satisfying the
interests of the person provided for by law.[5]
Partially agreeing with the opinions of the
aforementioned scholars, the institution of parole
includes, first and foremost, the method of coercion
and persuasion, thereby expressing the principle of
humanism. At the same time, the convicted person has
a subjective right, which forces him to behave
positively, and as a reward for this action, he is
conditionally released from serving the sentence.
A conditional early release of the part of the sentence
that has not been served by the convicted person frees
the actual serving of the sentence on certain
conditions. If the convicted person commits a new
crime during the unexpired term, the punishment will
move to the final stage, that is, in accordance with part
5 of Article 73 of the Criminal Code of the Republic of
Uzbekistan, a person who has been conditionally
released from serving a sentence prematurely, and
who has committed a new crime intentionally during
the unexpired part of the sentence, the court assigns a
punishment by adding the previously unexpired term
of the sentence to the term of the new sentence. In
this regard, lawyer A.A. Sichev said that conditional
early release from serving a sentence is a "credit of
trust" for the convict for a certain period of time,
during which he is given the opportunity to determine
his fate by his actions, that is, the convict can be
completely released from punishment or serve an
unexpired term.[6] Of course, the part of the sentence
not served by the convicted person, firstly, becomes a
probationary period; secondly, the punishment loses
its force not from the day the person is released from
punishment, but from the day the probationary period
ends. It is from this moment that the threat of actual
execution of the unspent punishment ceases to be
valid. Because if a person who has been conditionally
released from serving a sentence successfully passes
the test period, he will not serve the unexpired part of
the sentence. This leads to the formation of a
humanistic attitude towards the convicted person, a
legal culture that influences their behavior and is based
on their actions in accordance with the law. Scientists
A.M. Nosenko,[7] A.F. Sisy,[8] consider conditional
early release from serving a sentence to be a subjective
right of the convicted person, as a result of a person's
behavior aimed at using or not using this opportunity
provided for by law. S.Ya. Ulitsky, on the other hand,
assesses premature parole as a right of the convicted
person, arising from the factors of moral correction
and serving the part of punishment prescribed by law.
Volume 04 Issue 08-2024
23
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
21-25
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
I.I. Yevtushenko describes "conditional early release of
a convicted person from serving a sentence" as a
condition for not committing a crime again during the
unexpired part of the sentence after serving the
prescribed part of the sentence imposed by the court
and achieving the purpose of the sentence.[9] N.A.
Struchkov considers "premature release from serving
a sentence" to be an improved system of
punishment,[10] while D.P. Vodyanikov and L.V.
Kuznetsova consider it to be its final part.[11]
In our view, early parole is the transfer of the convicted
person to the final stage without fully serving his
sentence in connection with the loss of his social
danger, based on certain requirements, that is, when
the stated purpose of punishment is achieved, it means
that the convicted person is released without serving
the full term of punishment specified in the sentence,
and it means that it is carried out based on the
principles of humanity and differentiation and
individualization in the legislation, the rational use of
coercive means and the encouragement of law-abiding
behavior of convicts.
The availability and sufficiency of material grounds for
applying conditional early release of a convicted
person from serving a sentence is determined only by
a court decision. Some literature concludes that
changing the preliminary court decision with
conditional early release from serving a sentence
undermines its stability.
In particular, E.T. Borisov believes that changing the
sentence by the court of first instance to a certain
extent violates the stability of punishment, regardless
of the reasons for which parole is applied.[12] I.D.
Perlov, on the other hand, proposed that early parole
not be included in the assessment of the sentence
imposed by the court, but that the verdict of the
preliminary court be changed by the higher court.[13]
A.A. Sichev supported the opinion of I.D. Perlov,
believing that changing the decision of the court of
first instance that issued the verdict is only decided by
the higher court, while the conditional early release of
the convicted person from the unpaid punishment
does not affect his stability.[13] D.V. Kaznacheeva
expressed a sharp opinion on this issue, arguing that
early parole cannot be a matter of changing the
stability of the sentence, but rather is an amendment
to the sentence.[14] I.D. Perlov[15] believes that
society is interested in the effectiveness of
punishment, and if the effect is achieved by reducing
the sentence imposed by the court, then it does not
violate the established sentence, but ensures its
successful and fair execution. Yu.M. Tkachevsky, G.
Kelina emphasized that the sentence does not change
with conditional early release from serving the
sentence.
In the practice of the United States and some European
countries, the change of the court's guilty verdict with
conditional early release from prison is decided by the
Council for Conditional Release, an independent state
div. However, if a person who has been conditionally
released from serving a sentence by the parole board
violates the conditions established after his release or
commits a new crime, the courts, considering the case,
decide to cancel the conditional release of the
convicted person.
In our opinion, the decision on parole does not raise
doubts about the legality and fairness of the verdict, as
well as the amount of charges and punishment,
although its application in practice affects the term of
execution. The reason is that the law predetermines
the possibility of amending the sentence by applying
conditional early release from serving the sentence.
Partially agreeing with the opinions of the
aforementioned scholars, early parole does not affect
Volume 04 Issue 08-2024
24
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
21-25
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the stability of the sentence. Because, when serving a
sentence, the court makes changes to the sentence in
order to correct and mitigate the issue related to the
imposition of punishment on the convicted person, not
the issue related to the imposition of punishment on
the convicted person. At the same time, conditional
early release from punishment does not change the
type and amount of punishment, but the sufficiency of
the measures of influence applied to the convicted
person during the execution of the sentence specified
in the sentence, as well as the prognosis of moral
correction of the convicted person and non-
commission of a new crime in the future, indicates that
there is no need for him to continue serving the
sentence.
In turn, the consideration of parole by the court of first
instance does not affect its stability, unless there is a
question of aggravating the condition of the convicted
person. According to the law, the issue of parole is
resolved individually by the court at the location of the
executive div where the convicted person is serving
the sentence.
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International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
08
P
AGES
:
21-25
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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