Bulletin the Tomsk institute of advanced training of employees the FPS of Russia No. 2 (4) / 2020

SOME OF THE PROBLEMS OF DETERMINING THE END OF THE TERM OF IMPRISONMENT AT OFFSET TIME OF DETENTION IN THE SENTENCE

Antonov T.G.

Tomsk IPKR of the FPS of Russia (Tomsk, Russia), associate professor of the Department of non-custodial measures and legal support for correctional system activity, candidate of law, associate professor

Annotation:

The article discusses the problems associated with the application of the provisions of article 72 of the Criminal code of the Russian Federation (hereinafter – CC RF) on offsetting the time of the conclusion of a person in custody in the term of imprisonment, which appeared after changes in the criminal code, as amended by the Federal law No. 186-FZ of 03.07.2018 the Author based on the analysis of law and law enforcement practices, and based on interviews with employees of the departments special account correctional services is considering various options for the application of article 72 of the criminal code of the Russian Federation in various regions of Russia and sets out his vision for a solution to the problem. The greatest attention is paid to the application of the so-called “multiple offset” (one day of detention for one and a half days of imprisonment). In addition, the text of the norm of part 3.3 of article 72 of the criminal code of the Russian Federation, which causes the greatest problems of application in practice, is analyzed in detail.
The main methods used in the article were the formal legal method of analyzing legislation and the method of interviewing. The survey involved employees of special registration units of correctional institutions, whose duties include calculating the term of punishment. At the end of the article, conclusions are drawn about the illiterate wording of part 3.3 of article 72 of the criminal code of the Russian Federation, and about the need to exclude this norm from the criminal law.

Keywords:

imprisonment; release from punishment; term of punishment; remand in custody; article 72 of the criminal code of the Russian Federation; Federal law No. 186-FZ.