Theoretical and Practical Aspects of Consideration of Issues Related to the Execution of Sentences
( Pp. 205-211)

Abstract:
In the article, the author draws attention to a whole range of problems of the criminal procedure legislation of the Russian Federation - issues related to the execution of a sentence. Analyzing the prevailing practice, the opinions of process scientists, as well as foreign experience, the author makes proposals for optimizing the procedure for considering and resolving the issues specified in Art. Art. 397, 398 and 400 of the Criminal Procedure Code of the Russian Federation. In particular, the author proposes the following: the law does not determine at what time the court session is scheduled and does not determine the period for considering the material. In practice, these terms are different and depend on the essence of the issue being resolved. To exclude red tape when considering this kind of materials, the author proposes to formally define and enshrine at the legislative level. The author of this article also makes a proposal to streamline the criminal procedural activities of the participants in the process in such a way that they can use their procedural powers to the fullest extent to protect their rights and legitimate interests, and also allow to establish and investigate all the circumstances related to the resolution of issues in the order of execution judgment, to make a lawful and informed decision.
How to Cite:
Mamedov R.Y., (2021), THEORETICAL AND PRACTICAL ASPECTS OF CONSIDERATION OF ISSUES RELATED TO THE EXECUTION OF SENTENCES. Gaps in Russian Legislation, 7 => 205-211.
Reference list:
The appeal decision of the Moscow City Court of 20.04.2015 in case No. 10-5089 / 2015. ATP Consultant-Plus.
Archive of the Tikhoretsk District Court of the Krasnodar Territory, materials No. 4/14 - 8/20; 17.04 - 34/20; 17.04 - 19.09; April 8 - April 19.
Krymov A.A. Criminal Procedure Activity of Bodies and Institutions of the Penitentiary System of Russia: Monograph. M., 2017.
Determination of the Constitutional Court of the Russian Federation of December 17, 2009 No. 1638-O-O "Refusal to accept for consideration the complaint of the citizen Alexander Alekseevich Agafonov on violation of his constitutional legal parts six and seven of Article 399 of the Criminal Procedure Code of the Russian Federation." SPS "Consultant-Plus".
Resolution of the Plenum of the Supreme Court of the Russian Federation of 20.12.2011 No. 21 "On the practice of the courts' application of legislation on the enforcement of sentences." // SPS Consultant-Plus.
Sviridov M.K. The procedure for resolving cases of parole from punishment. Tomsk, 1972.
Smirnov A.V., Kalinovsky K.B. Criminal procedure: textbook. 4th ed., Rev. and add. / edited by A.V. Smirnov. SPS "Consultant Plus"
Tlyabina Yu.A. Criminal procedural relations at the stage of execution of the sentence: author. dis. ... Cand. jurid. sciences. N. Novgorod, 2016, p. 12; Skiba A.P. Problems of criminal procedural regulation of release from punishment in connection with the illness of the convict // Bulletin of the Institute: Crime, punishment, correction. P.30; Skiba A.P. Exemption from serving a sentence due to illness of a convict to imprisonment: problems of intersectoral regulation // Man: crime and punishment. 2011. No. 3; Shabalina L.A. Preparation and appointment of a court session in the proceedings for the consideration and resolution of issues related to the execution of the sentence // Bulletin of the Kuzbass Institute. 2014. No. 4 (21). S. 104 - 112.
Chervotkin A.S. Procedural features of consideration of issues arising at the stage of execution of a sentence. // Russian justice. - 2015. - No. 10. - P.24.
Keywords:
criminal procedure, execution of sentences, criminal procedure code, participant in criminal proceedings.


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