Judicial proceedings to review and resolve issues related to the execution of the sentence within the meaning of the legal decisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation
Автор: Pupysheva L.A.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Дискуссионная трибуна
Статья в выпуске: 2 (81), 2017 года.
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The article analyzes the main legal decisions of the constitutional Court and the Supreme Court relating to the proceedings on consideration and resolution of issues related to the execution of the sentence and also defined the role of the decisions of these courts for its regulation. Based on the analysis of the current legislation and judicial practice, shortcomings in the legal regulation and practice of applying the provisions of Chapter 47 of the Code of Criminal Procedure of the Russian Federation are revealed, and ways of their elimination are suggested. The author comes to the conclusion that the explanations and legal decisions of the Supreme Court and the Constitutional Court of the Russian Federation inherently bring certain clarity to a multitude of issues of legal regulation of this type of proceedings, while many unresolved issues in its legislative regulation require a systematic approach and comprehensive solutions.
Judgment, sentence, justice, jurisdiction, right to legal defence, provisional release, substitution of the unserved part of punishment by light punishment
Короткий адрес: https://sciup.org/14335809
IDR: 14335809