REMISSION OF SUSPENDED SENTENCE AND CLEARING OF A CRIMINAL RECORD AS A MEANS OF STIMULATING LAW-ABIDING BEHAVIOR

Abstract

The article analyzes the essence of abolition of probation and removal of a criminal record as a form of encouragement and a result of law-abiding behavior of the convict. The author analyzes various points of view on the institution of criminal law encouragement as a stimulating factor of correction of the convict. The emphasis is placed on the methods of abolition of probation, having both positive and negative impact on the convict. The opinion about possibility of cancellation of conditional sentence with clearing of a criminal record after the probation period is disproved. The author points out the importance of the activities of the criminal-executive inspection in legal informing the convicted person about the conditions of the abolition of conditional conviction and removal of conviction. The abolition of probation and the removal of conviction as a measure of encouragement are aimed at the formation of socially active attitudes of the convict in order to his/her desire for law-abiding behavior. The problem of realizing the abolition of probation and removal of a criminal record in part of the minimum trial period necessary for entering into court of representation about cancellation of conditional sentence is analyzed. The author concludes that there is no need to establish any time limits for the possibility of going to court and the abolition of suspended sentence, which adversely affects the correction of the convict, deprives him/her of the legally guaranteed opportunities for the implementation of encouragement measures.