Positions of the Plenum of the Supreme Court of the Russian Federation on sentencing and execution: analysis of a number of provisions

Occupation: leading researcher of the sector of Criminal Law, criminal procedure and criminology
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Moscow, Russia

Journal name

Gosudarstvo i pravo

Edition

Issue 12

Pages

76-84

Abstract

The article presents a critical analysis of the resolution of the Plenum of the Supreme Court of the Russian Federation of December 18, 2018, which amended other resolutions on the practice of assigning criminal penalties and executing sentences. Some General problems that arise when implementing the powers of the Supreme Court of the Russian Federation to clarify legislation are considered. Other approaches to solving a number of particular problems are justified: failure to set a penalty for the term of application of a measure of procedural coercion in the form of temporary suspension from office; appointment of softer punishment, than is provided by some articles of the Special part of the criminal code of the Russian Federation; definition of malice evasion of the fine imposed as a criminal punishment; the recognition of legitimate reasons of non-payment of fines; replacement of fine some form of punishment and release from punishment; cancellation of conditional condemnation as a result of evasion of the convicted person from liability for damages caused by the crime; etc.

Keywords

criminal proceedings, interpretation of legislative norms, resolutions of the Plenum of the Supreme Court of the Russian Federation, protection of the rights of the victim, the principle of legality, the principle of justice, the principle of separation of powers, deprivation of the right to hold certain positions, replacement of a fine with another type of punishment, maliciousness of evasion from paying a fine, cancellation of a suspended sentence, compensation for damage caused by a crime, independence of judges

Received

22.09.2020

Publication date

18.12.2020

Number of characters

32396

Cite

GOST	Skoblikov P. Positions of the Plenum of the Supreme Court of the Russian Federation on sentencing and execution: analysis of a number of provisions // Gosudarstvo i pravo – 2020. – Issue 12 C. 76-84 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520012735-9-1 (circulation date: 26.04.2024). DOI: 10.31857/S102694520012735-9
MLA	Skoblikov, Petr A "Positions of the Plenum of the Supreme Court of the Russian Federation on sentencing and execution: analysis of a number of provisions." Gosudarstvo i pravo 12 (2020):76-84. DOI: 10.31857/S102694520012735-9
APA	Skoblikov P. (2020). Positions of the Plenum of the Supreme Court of the Russian Federation on sentencing and execution: analysis of a number of provisions. Gosudarstvo i pravo (12), pp.76-84 DOI: 10.31857/S102694520012735-9

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