Theoretical and Practical Aspects of Consideration of Issues Related to the Execution of Sentences

In the article, the author draws attention to a whole range of problems of the criminal procedure legislation of the Russian Federation - issues related to the execution of a sentence. Analyzing the prevailing practice, the opinions of process scientists, as well as foreign experience, the author makes proposals for optimizing the procedure for considering and resolving the issues specified in Art. Art. 397, 398 and 400 of the Criminal Procedure Code of the Russian Federation. In particular, the author proposes the following: the law does not determine at what time the court session is scheduled and does not determine the period for considering the material. In practice, these terms are different and depend on the essence of the issue being resolved. To exclude red tape when considering this kind of materials, the author proposes to formally define and enshrine at the legislative level. The author of this article also makes a proposal to streamline the criminal procedural activities of the participants in the process in such a way that they can use their procedural powers to the fullest extent to protect their rights and legitimate interests, and also allow to establish and investigate all the circumstances related to the resolution of issues in the order of execution judgment, to make a lawful and informed decision.

criminal procedure, execution of sentences, criminal procedure code, participant in criminal proceedings