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FEDERAL LAW OF THE RUSSIAN FEDERATION

of February 6, 2023 No. 10-FZ

About probation in the Russian Federation

Accepted by the State Duma on January 25, 2023

Approved by the Federation Council on February 1, 2023

Chapter 1. Basic provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law governs the public relations arising in the field of the organization and functioning of probation in the Russian Federation including determines the purposes, tasks and the principles of probation, legal status of persons to which the probation, activities and powers of subjects of probation in the Russian Federation is applied.

Article 2. The legal basis of regulation of the public relations in the field of probation

The legal basis of regulation of the public relations in the field of probation is constituted by the Constitution of the Russian Federation, the conventional principles and rules of international law, the international agreements of the Russian Federation, this Federal Law, other Federal Laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, the laws and other regulatory legal acts of subjects of the Russian Federation containing the regulations governing the relations in the field of realization of the rights of the convicts and persons who served criminal penalties.

Article 3. Principles of probation

The probation is performed on the basis of the following principles:

1) priority of the rights and legitimate interests of man and citizen;

2) humanity;

3) respecting the rule of law;

4) rationality of application of enforcement measures, measures of corrective, social and other nature and measures of stimulation of right obedient behavior;

5) accounting of specific features, circumstances and requirements;

6) openness (transparency);

7) succession, continuity, voluntariness in case of application of probation.

Article 4. Purposes and tasks of probation

1. The purposes of probation are correction of social behavior, resocialization, social adaptation and social resettlement of persons to which the probation, the prevention of making of new crimes by them is applied.

2. Tasks of probation are creation of conditions for assistance to persons to whom the probation, in questions of recovery of social bonds, demand of professional skills and employment, provision of housing, education, realization of the right to social servicing, receipt of medical, psychological and legal aid in accordance with the legislation of the Russian Federation, providing guarantees of protection of rights and freedoms of man and citizen is applied.

Article 5. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) probation - set of the measures applied concerning convicts, persons to whom other measures of criminal and legal nature, and persons exempted from the organizations performing punishments in the form of forced labor or imprisonment which appeared in difficult life situation, including resocialization, social adaptation and social resettlement, protection of the rights and legitimate interests of specified persons are appointed;

2) executive probation - the probation type representing set of the measures applied by criminal and executive inspections concerning persons which are in difficult life situation in case of execution of the punishments which are not connected with isolation of convicts from society (except for convicts to the fine which is ordered to pay as primary punishment and forced labor), and other measures of criminal and legal nature;

3) penitentiary probation - the probation type applied concerning convicts in the organizations performing punishments in the form of forced labor or imprisonment, representing set of the measures directed to correction of convicts, and also to training of the convicts serving sentences in the form of forced labor or imprisonment for release from the specified organizations;

4) post-penitentiary probation - the probation type applied concerning persons exempted from the organizations performing punishments in the form of forced labor or imprisonment, and which appeared in difficult life situation, representing set of the measures directed to resocialization, social adaptation and social resettlement;

5) resocialization - package of measures of social and economic, pedagogical, legal nature, the offenses performed by subjects of prevention according to their competence and persons participating in prevention of offenses for the purpose of reintegration into society of persons exempted from the organizations performing punishments in the form of forced labor or imprisonment and (or) persons to whom other measures of criminal and legal nature are appointed;

6) social adaptation - complex of the actions sent on rendering to the persons to whom the probation, assistance in the labor and household device, and also other help for the purpose of stimulation of right obedient behavior is applied;

7) social resettlement - complex of actions for recovery of the lost social bonds and functions by persons to whom the probation is applied;

8) persons to whom the probation is applied, - convicts, persons which appoints other measures of criminal and legal nature, and persons exempted from the organizations performing punishments in the form of forced labor or imprisonment which appeared in difficult life situation;

9) difficult life situation - circumstance or circumstances which worsen conditions of life activity of persons to which the probation and which effect they cannot independently overcome is applied;

10) individual needs - need of persons to whom the probation, in the support necessary for overcoming difficult life situation is applied;

11) the individual program of resocialization, social adaptation and social resettlement (further - the individual program) - the document including the measures of legal and other nature directed to the resocialization, social adaptation and social resettlement applied concerning the particular person depending on circumstances, the characteristic of his personality and its individual needs, and also terms of application of such measures;

12) the center of probation - the specialized organization created for the purpose of assistance to persons to whom the post-penitentiary probation, including in provision of the temporary place of stay is applied;

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