Execution of a Sentence – an Independent Stage of Criminal Proceedings
The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some...
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| Format: | Article |
| Language: | English |
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Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)
2020-12-01
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| Series: | Пенитенциарная наука |
| Subjects: | |
| Online Access: | https://jurnauka-vipe.ru/media/filer_public/66/00/66002486-6ba2-4e7b-a627-a2ea9ad4c210/ps_tom_14_4_shabanov_vb_budanova_lyu_kramarenko_vp_eng.pdf |
| _version_ | 1819088538464944128 |
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| author | VYACHESLAV B. SHABANOV LYUDMILA YU. BUDANOVA VLADIMIR.P. KRAMARENKO |
| author_facet | VYACHESLAV B. SHABANOV LYUDMILA YU. BUDANOVA VLADIMIR.P. KRAMARENKO |
| author_sort | VYACHESLAV B. SHABANOV |
| collection | DOAJ |
| description | The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution ofa sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features. |
| first_indexed | 2024-12-21T21:53:38Z |
| format | Article |
| id | doaj.art-ca3c05094a1e458e94557395103ad199 |
| institution | Directory Open Access Journal |
| issn | 2686-9764 2782-1986 |
| language | English |
| last_indexed | 2024-12-21T21:53:38Z |
| publishDate | 2020-12-01 |
| publisher | Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia) |
| record_format | Article |
| series | Пенитенциарная наука |
| spelling | doaj.art-ca3c05094a1e458e94557395103ad1992022-12-21T18:49:01ZengFederal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)Пенитенциарная наука2686-97642782-19862020-12-0114456056510.46741/2686-9764-2020-14-4-560-565Execution of a Sentence – an Independent Stage of Criminal ProceedingsVYACHESLAV B. SHABANOV0https://orcid.org/0000-0002-5796-3727LYUDMILA YU. BUDANOVA1https://orcid.org/0000-0003-1106-9188VLADIMIR.P. KRAMARENKO2https://orcid.org/0000-0002-9662-0874Belarusian State UniversityPskov Branch of the Academy of FSIN RussiaImmanuel Kant Baltic Federal UniversityThe article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution ofa sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features.https://jurnauka-vipe.ru/media/filer_public/66/00/66002486-6ba2-4e7b-a627-a2ea9ad4c210/ps_tom_14_4_shabanov_vb_budanova_lyu_kramarenko_vp_eng.pdfexecution of a sentencestage of criminal proceduresubjects of execution of a sentencecriminal justicecriminal proceedings |
| spellingShingle | VYACHESLAV B. SHABANOV LYUDMILA YU. BUDANOVA VLADIMIR.P. KRAMARENKO Execution of a Sentence – an Independent Stage of Criminal Proceedings Пенитенциарная наука execution of a sentence stage of criminal procedure subjects of execution of a sentence criminal justice criminal proceedings |
| title | Execution of a Sentence – an Independent Stage of Criminal Proceedings |
| title_full | Execution of a Sentence – an Independent Stage of Criminal Proceedings |
| title_fullStr | Execution of a Sentence – an Independent Stage of Criminal Proceedings |
| title_full_unstemmed | Execution of a Sentence – an Independent Stage of Criminal Proceedings |
| title_short | Execution of a Sentence – an Independent Stage of Criminal Proceedings |
| title_sort | execution of a sentence an independent stage of criminal proceedings |
| topic | execution of a sentence stage of criminal procedure subjects of execution of a sentence criminal justice criminal proceedings |
| url | https://jurnauka-vipe.ru/media/filer_public/66/00/66002486-6ba2-4e7b-a627-a2ea9ad4c210/ps_tom_14_4_shabanov_vb_budanova_lyu_kramarenko_vp_eng.pdf |
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