LEGAL ENTITY AND SOCIAL REVERSE PARDON

Abstract

The authors approach the critical perception of the institution of oblivion with multiple points of view. The basic starting points of discourse in the statement about the domination of politics and the rule-based competence of the executive and the legislative branch. The dominant form of parole, even though it is formalized and no matter how legitimate, provides an opportunity for a critical examination of its constitution and functions regardless of whether it is a complete or partial exemption from the execution of the sentence, substitute a less severe sentence imposed or suspended sentence, revocation or a shorter duration of the imposed measure of ban on performing profession, activity or duty, the abolition of legal consequences of conviction or determination of its shorter duration or deletion of sentence and its effects. It is for this reason the authors raise critical correlation to the reasons for the institution of oblivion and its theoretical basis and practical social utility. What what the basis is absurd possibility that the final judgment of the court overturn the executive political power, and manifest sense implements the representative political body. That is why the authors emphasize the need for its preustrojbe with special emphasis on legality and efficiency.