From the experience of studying the judicial practice of consideration by courts of issues related to the replacement of punishment in case of malicious evasion from serving it (paragraphs 2, 18, 181 of article 397 of the Criminal Procedure Code of the Russian Federation)

Introduction: the article describes the results of the study of judicial practice of consideration by courts of issues related to the replacement of punishment in case of malicious evasion from serving it (paragraphs 2, 18, 18.1 of Article 397 of the Criminal Procedure Code of the Russian Federation), conducted at the initiative of the Supreme Court of the Russian Federation in 2018, preceding and, in many ways, contributing to the adoption of December 18, 2018. Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 43 “On Amendments to the Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 20, 2011 No. 21 “On the practice of applying legislation on the execution of a sentence” and of December 22, 2015 No. 58 "On the practice of assigning criminal punishment by the courts of the Russian Federation". The generalization was carried out with the participation of the Honored Scientist of the Russian Federation, Doctor of Law, Professor V. V. Nikolyuk and the author of the article. Materials and methods: the legal basis of the study is the Constitution of the Russian Federation, criminal procedure, criminal and penal enforcement legislation, orders and other departmental acts of the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, regulating the pre-trial stage of preparation and judicial review of submissions on the replacement of punishment in case of malicious evasion from serving it; resolutions of the Plenum of the Supreme Court of the Russian Federation, as well as decisions of the Constitutional Court of the Russian Federation on the execution of the sentence and the implementation of criminal punishment are used. The methodological basis of the research is the general scientific methods of cognition of dialectics, formal logic, and system analysis. Results of the study: the conducted research allowed us to make a detailed idea of the compliance of judicial practice with the consideration by courts of issues related to the replacement of punishment in the case of malicious evasion from serving it with the requirements of current legislation, the legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation of judicial activity during the execution of a sentence, to identify problematic situations in it, to formulate proposals for improving the law, to supplement the existing and adopt new clarifications at the level of Resolutions of the Plenum of the Supreme Court of the Russian Federation. Findings and conclusion: the conducted research has shown that the judicial practice of replacing punishment in the case of malicious evasion from serving it is characterized by diversity, lack of unity even within one subject of the Russian Federation, judges have a lot of questions, there are no unambiguous answers to which are absent in the legislation and in the explanations of higher judicial instances devoted to the appointment and execution of punishment.