In the legislative acts of the Russian Federation, the wording “establishment of supervision” is present in Article 173.1 of the Criminal Executive Code of the Russian Federation and in Article 6 of Chapter 2 of the Federal Law of the Russian Federation of April 16, 2011 No. 64-FZ “On Administrative Supervision of Persons Released from Places of Deprivation of Liberty (With changes and additions).
Description of the establishment of supervision in the articles of legislative acts
Article 173.1 of the Criminal Executive Code of the Russian Federation deals with the establishment of administrative supervision in relation to persons released from places of deprivation of liberty. The article provides for the following cases of establishing supervision:
- administrative supervision can only be established by a court in accordance with federal law in the event that an adult released from places of detention was convicted of a crime with a dangerous recidivism or for a crime in relation to the sexual inviolability of a minor;
- Administrative supervision can only be established by a court in accordance with federal law in the event that an adult released from places of detention was convicted of a serious crime or for a crime against a minor and was a persistent violation of the established procedures for imprisonment during the period of serving the sentence.
Article 6 of Chapter 2 of the Federal Law of the Russian Federation of April 16, 2011 No. 64-FZ "On Administrative Supervision of Persons Released from Places of Deprivation of Liberty" (with amendments and additions) refers to the procedure for establishing, extending and terminating administrative supervision. In accordance with this article, administrative supervision is established by a court on the basis of an application filed by a correctional institution or an internal affairs body.
Types of state supervision
In accordance with the legislation of the Russian Federation, there are three types of state supervision: administrative, judicial and prosecutorial.
Administrative supervision is carried out by special subjects of the executive power, is carried out systematically, and has a specialized character. Administrative supervision is aimed at ensuring the safety of citizens, society and the state. It is carried out in relation to the bodies of executive power and local self-government, as well as to enterprises, institutions, organizations, public associations and citizens.
Judicial oversight is aimed at ensuring the rule of law in the country and is carried out with the aim of checking the validity of judgments and rulings issued by the judicial authorities.
Prosecutorial supervision is also aimed at ensuring the rule of law in the country and is carried out with the aim of monitoring the activities of representatives of various authorities and their implementation of the Constitution and laws of the Russian Federation.
