PROBATION IN AZERBAIJAN: FIRST RESULTS AND DEVELOPMENT PROSPECTS
Rubrics: SUBJECT DISCUSSIONS
Authors:
1.
Ministry of Justice of the Azerbaijan Republic
(probation service, deputy head, qumbatovmusa@mail.ru)
Baku, Azerbaijan
Baku, Azerbaijan
Type:
Article
Pages:
from 46
to 52
Status:
Published
Received:
30.04.2020
Accepted:
30.04.2020
Published:
30.04.2020
Subject area:
UDK 34 Право. Юридические науки
GRNTI 10.83 Уголовно-исполнительное право. Пенитенциария
GRNTI 10.83 Уголовно-исполнительное право. Пенитенциария
Language:
English
Keywords:
Probation Service, penalties not related to the isolation of the convicted person from society, electronic control tools, Republic of Azerbaijan.
Abstract (English):
The organization of the Probation Service in the Republic of Azerbaijan is discussed, the first results of the work are summarized and the prospects for the development of this new structure are indicated in the article. The article describes the experience of using modern information and communication technologies, including electronic control devices (so-called electronic bracelets) in punishments execution. The author notes that the tasks set by the President of the Republic of Azerbaijan to state bodies, including the probation Service, are a kind of road map, which has a long-term and programmatic nature, and have already been successfully implemented. For example, over the past three years, there has been a steady trend towards decrease in the number of persons sentenced to imprisonment, and increase the proportion of persons sentenced to punishments not connected with isolation from society. For example, in 9 months of 2019, 10.7% more convicts were on probation record than in the same period last year. These changes in sentencing practices and increase in the proportion of alternative types of punishment, including the number of convicted persons on probation record, are not only an indicator of the implementation of the President’s initiatives to humanize the state’s criminal law policy, but also a result of the confidence of judges in the Probation Service, which ensures the effective execution of sentences that are not related to the isolation of the convicted person from society. The analysis of first results of the Probation Service’s activity and study of public opinion show the timeliness of the decision of the head of state to create this structure, which makes it possible to look optimistically into the future, which requires continued measures for its development. According to the author, the further development of the Probation Service should be carried out in three main directions. First, it is necessary to complete the process of improving legislation, first of all to adopt a separate law on probation, and continue to bring the regulatory framework for sentences execution in accordance with time realities. Second, for the purpose of independent activities organization and ensuring effective control, the structure of the service should also be optimized in view of the increased workload. Third, it is necessary to create a modern system of training and advanced training of Probation Service employees, ensure their reliable legal and social protection, and provide them with modern technical equipment.
The organization of the Probation Service in the Republic of Azerbaijan is discussed, the first results of the work are summarized and the prospects for the development of this new structure are indicated in the article. The article describes the experience of using modern information and communication technologies, including electronic control devices (so-called electronic bracelets) in punishments execution. The author notes that the tasks set by the President of the Republic of Azerbaijan to state bodies, including the probation Service, are a kind of road map, which has a long-term and programmatic nature, and have already been successfully implemented. For example, over the past three years, there has been a steady trend towards decrease in the number of persons sentenced to imprisonment, and increase the proportion of persons sentenced to punishments not connected with isolation from society. For example, in 9 months of 2019, 10.7% more convicts were on probation record than in the same period last year. These changes in sentencing practices and increase in the proportion of alternative types of punishment, including the number of convicted persons on probation record, are not only an indicator of the implementation of the President’s initiatives to humanize the state’s criminal law policy, but also a result of the confidence of judges in the Probation Service, which ensures the effective execution of sentences that are not related to the isolation of the convicted person from society. The analysis of first results of the Probation Service’s activity and study of public opinion show the timeliness of the decision of the head of state to create this structure, which makes it possible to look optimistically into the future, which requires continued measures for its development. According to the author, the further development of the Probation Service should be carried out in three main directions. First, it is necessary to complete the process of improving legislation, first of all to adopt a separate law on probation, and continue to bring the regulatory framework for sentences execution in accordance with time realities. Second, for the purpose of independent activities organization and ensuring effective control, the structure of the service should also be optimized in view of the increased workload. Third, it is necessary to create a modern system of training and advanced training of Probation Service employees, ensure their reliable legal and social protection, and provide them with modern technical equipment.
Keywords:
Probation Service, penalties not related to the isolation of the convicted person from society, electronic control tools, Republic of Azerbaijan.
Probation Service, penalties not related to the isolation of the convicted person from society, electronic control tools, Republic of Azerbaijan.
1. Gumbatov, M. G. 2019, ‘Probation in the Republic of Azerbaijan and prospects for its development’, Penal law, vol. 14(1-4), iss. 2, pp. 172-173.
2. Gumbatov, M. G. 2018, ‘Punishment in the form of freedom restriction in the Republic of Azerbaijan’, in Theoretical and practical problems of the development of the penal system in the Russian Federation and abroad: a collection of thesises and reports of participants of the International scientific and practical conference (Ryazan, November 28-29, 2018), vol. 1, Materials of the plenary session, pp. 196-209, Academy of the FPS of Russia, Ryazan.
3. Gumbatov, M. G. 2018, ‘Novelties in the legislation of the Republic of Azerbaijan related to criminal punishment in the form of public works’, Penal law, vol. 13(1-4), iss. 2, pp. 217-221.
