ON THE PROBLEM OF THE STAGE OF THE SENTENCE EXECUTION

Author(s): Geranin V.V., Maltseva S.N.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2022-4-34-39

Release: 2022-4 (35)

Pages: 34-39

Keywords: criminal proceedings, stages of the criminal process, the stage of execution of the sentence, criminal procedural legal relations

Annotation: Over the past 30 years, the problem of stages of criminal proceedings has been actively discussed in the scientific literature. The range of opinions in the discussion is significant, but most of all in the system of stages, the need to preserve the stage of execution of the sentence is questioned. Both in the previous and in the current Code of Criminal Procedure of the Russian Federation, the legislator did not consider it necessary to normalize the concept and types of stages of the criminal process, which largely determines the debatable nature of the problem. The overwhelming majority of researchers who do not support the established position on the execution of a sentence as one of the stages of the criminal process, focus on its features that are not characteristic of other stages. At the same time, beyond the scope of study, as a rule, there remains the general issue that unites all stages into a system – the subject of the branch and the legal relations that develop in the process of implementing the goals of criminal proceedings. The conducted research allows us to confidently confirm the correctness of the traditional scientific approach, according to which the execution of a sentence is the final stage of the criminal process. The authors consider it necessary to fix the definition of the stage of criminal proceedings in the Code of Criminal Procedure of the Russian Federation and list their types.

Bibliography: Geranin V.V., Maltseva S.N. ON THE PROBLEM OF THE STAGE OF THE SENTENCE EXECUTION // Journal of Legal Sciences. – 2022. – № 4 (35). – С. 34-39. doi: 10.21777/2587-9472-2022-4-34-39