ON SOME ISSUES OF STEAM REGULATION OF THE ACTIVITIES OF THE COURT, AS A PARTICIPANT IN CRIMINAL PROCEDURAL LEGAL RELATIONS FUNCTIONING AT THE FINAL STAGE OF THE EXECUTION OF CRIMINAL PENALTIES
Novikov E.E.
University of the FPS of Russia (St. Petersburg, Russian Federation), Associate Professor of the Department of Criminal Law Disciplines, Candidate of Legal Sciences, Associate Professor
Annotation:
The article deals with a number of problems of legal regulation of the court’s activity as the main subject of criminal procedural legal relations that arise, change or terminate at the final stage of serving criminal sentences. In the course of the research, the author comes to the conclusion that, firstly, the legislator in the norms of the Criminal Procedure Code of the Russian Federation should oblige the court to take into account the norms of not only the criminal law, but also the prescriptions of the penal enforcement legislation, which contain rules concerning conditional early release, replacement of the unserved part of the sentence with a milder type, release of convicts due to illness, reduction of the term of postponement of serving sentences to persons with children
under the age of 14. Secondly, the analysis of the Criminal Procedure Code of the Russian Federation revealed that it does not contain a number of issues (for example, on the imposition of administrative supervision, the application of the amnesty act), which are decided by the court at the final stage of the execution of criminal punishment. The specified powers of the court should be fixed in Article 397 of the Criminal Procedure Code of the Russian Federation.
Keywords:
court; the final stage of execution of punishment; criminal procedural legal relations; criminal executive legal relations.
