Problems of unification of concepts (terms) in the legislation on criminal proceedings and execution of criminal penalties

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Introduction: the article deals with the issues of interaction and coordination of the branches of the Russian law, forming a block of legislation on the fight against crime, substantiates the thesis that the problem of intersectoral relations of criminal procedure legislation is multifaceted. The most developed research areas in this field are outlined. It is indicated that in legal science unreasonably little attention is paid to the study of the integration of the CPC with the legislation on the execution of criminal penalties. Materials and methods: the materials for the study are writings of scientists devoted to the research topic, the results of the analysis of law enforcement practice. Results: the conclusions are formulated and substantiated that an effective legal mechanism for the execution of penalties, in which the important role of the law is assigned to the court, is not created; judicial control is formal due to the fact that it is carried out in conditions of inconsistency and gaps in the criminal executive and criminal procedural legislation. The proposals to adjust the legal norms establishing the grounds for the execution of punishments and the application of other measures of a criminal-legal nature, the subject of judicial control in this area are substantiated. The main directions of eliminating conflicts between the norms of the code of criminal procedure and the PEC are outlined.

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Criminal procedural law, criminal executive law, execution of sentence, judicial control, grounds for execution of punishments and application of other measures of criminal legal nature

Короткий адрес: https://sciup.org/143168220

IDR: 143168220   |   DOI: 10.24411/2312-3184-2019-00013

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