PROBATION POLICY IN THE CONTEXT OF CONCEPTUAL APPROACHES TO PUBLIC ADMINISTRATION

Abstract

Introduction. The adoption of the Federal Law "On Probation in the Russian Federation" institutionalized a new sphere of socio-legal relations requiring an adequate public administration model. The complex nature of probationary relations, the diversity of their subjects and participants, and the need to integrate state and public resources necessitate an understanding of probation policy through the lens of conceptual approaches to public administration, the choice of which determines the effectiveness of probation activities. Methods. A combination of general scientific methods was used: analysis and synthesis, abstraction, theoretical generalization, induction, deduction, comparison, historical analysis, typological analysis, and modeling. Specific scientific methods included systemic-structural and formal-logical approaches (to reveal probation policy through the lens of public administration approaches), comparative law, content analysis, and observation of management processes in the activities of penal inspectorates. Discussion. In the context of probation policy, the following are considered: a market-liberal approach, emphasizing the economic component, client-centricity, involvement of business structures, and the introduction of managerial technologies in working with persons on probation; a liberal-communitarian approach, based on the principle of "political networks" and presupposing the construction of contractual relations between a wide range of state entities and civil society institutions for the joint implementation of probation activities; an approach of democratic citizenship, focusing on the priority of individual rights, the principles of democracy and voluntariness, as well as the establishment of a "moral dialogue" between participants in the probation process. The feasibility of recognizing a synthetic model of state probation management as the most adequate to modern Russian conditions is examined. The liberal-communitarian approach, which is capable of ensuring a balanced interaction between the vertical of government and civil society, is analyzed. Market and democratic elements are proposed to be integrated into this model as auxiliary tools. The key internal contradiction of probation policy is demonstrated – the conflict between the principle of voluntary participation and the goal of preventing new crimes. A differentiated approach to the application of the voluntariness principle is substantiated depending on the category of individuals and the forms of probation. Results. The feasibility of a synthetic model of public probation governance based on the priority of a liberal communitarian approach with the integration of market and democratic elements is substantiated. The contradiction between the voluntariness principle and the goal of crime prevention is demonstrated, and a differentiated approach is proposed to resolve this conflict. Proposals for legislatively specifying mechanisms for network interaction between probation entities and participants are formulated.