To the question on the consequences of evasion from serving the criminal punishment

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In the article the author considers the consequences of evasion from serving various kinds of criminal penalties included in the list referred to in article 44 of the criminal code of the Russian Federation. Attention is paid to the inconsistency of the legislator in determining such consequences, as in some cases they are not envisaged at all, in other cases it is said about the substitution with a more severe form of punishment, and third cases set independent criminal liability. The article considers different points of view related to possible solutions of these problems and gives their critical analysis. In conclusion, the author states arguments, confirming her conclusion about the necessity to establish an independent criminal liability for evasion of serving any penalty, regardless of whether it is scheduled as a primary or a supplemental penalty

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Criminal punishment, the penal system, evasion from serving the punishment, consequences of evasion, criminal law, principle of justice, execution of punishment, substitution of the punishment, the failure judgment of the court, criminal responsibility, harmonization of criminal law

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Короткий адрес: https://sciup.org/14950752

IDR: 14950752   |   DOI: 10.17748/2075-9908-2015-7-6/1-179-183

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