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On the Question of Correlation of Criminal Procedure and Penal Enforcement Legislation
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On the Question of Correlation of Criminal Procedure and Penal Enforcement Legislation
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.118
Publication type
Article
Status
Published
Authors
Viacheslav Nikolyuk 
ORCID: 0000-0003-0341-050X
Occupation: Chief Researcher
Affiliation: National Research Institute, Ministry of Interior of the Russian Federation
Address: Moscow, Russia
Edition
Volume 27 No. 10
Pages
99-115
Abstract

The article shows the intersectoral links of criminal procedure and penal enforcement legislation, combined at the theoretical level into a single block “legislation on combating crime”. The author examines the correlation of criminal procedure and penal enforcement legislation, continuing the research he started at the end of the last century on this issue.

The issues of interaction between the Criminal Procedure Code of the Russian Federation and the Criminal Executive Code of the Russian Federation are insufficiently studied in legal science, despite the existence of fragmentary links between these codified laws. The factor uniting criminal procedure and penal enforcement legislation is a special criminal enforcement proceedings designed to resolve issues arising during the execution of punishments and other measures of criminal legal impact, and not the main criminal procedure proceedings (criminal proceedings).

The purpose and objectives of the study. Identification of the legal nature of the activities regulated by Chapter 47 of the Criminal Procedure Code of the Russian Federation “Execution of sentence”, determination of the possibility and prospects of moving from the Criminal Procedure Code to the Criminal Executive Code the norms of this chapter as the legal basis of criminal executive proceedings carried out outside the criminal case.

The methodological basis of the research is the provisions of the general theory of humanities, general theory of law and procedural legal branches. General scientific and private scientific research methods (logical, historical, analysis, synthesis, system-structural, formal-legal, comparative-legal, interpretation or legal interpretation of legal norms) were used in the preparation of the article.

The results obtained and the main conclusions. The problem of the correlation of criminal procedure and penal enforcement law at the moment has actually transformed into the problem of choosing a branch of law, a specific codified law that should regulate the activities of the court to consider and resolve issues related to the execution of punishment. Having a criminal-executive nature and being additional to the main criminal proceedings, the criminal-executive proceedings did not receive an appropriate detailed legal regulation within the Criminal Procedure Code, which once again emphasized its specificity and autonomy in the criminal process. In the new legal realities, it makes practical sense to return to the discussion of the problem of determining its place in the penal enforcement legislation.

Keywords
branch of law, criminal law, criminal procedure law, penal enforcement law, legislation on combating crime, execution of sentence, legal nature, interrelation, coordination
Date of publication
25.10.2023
Number of purchasers
10
Views
116
Readers community rating
0.0 (0 votes)
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1. Alexandrova O. P., Budanova L. Yu. The legal status of institutions and bodies executing punishments at the stage of execution of the sentence. Moscow, 2014. (In Russ. ) 
2. Babaev M. M., Pudovochkin Yu. E. Problems of Russian criminal policy. Moscow, 2018. (In Russ. ) 
3. Bibilo V. N. Judicial power in criminal proceedings. Minsk, 2001. (In Russ. ) 
4. Bozhev V. P., Gavrilov B. Ya. (eds). Criminal process: textbook. 7th ed. Moscow, 2017. (In Russ. )
5. Burmagin S. V. Judicial proceedings and decisions in the criminal justice system. Moscow, 2021. (In Russ. ) 
6. Vasilchenko A. A. Interrelation of criminal-legal and criminal-procedural legal relations. Dr. diss. thesis. Volgograd, 2005. (In Russ. ) 
7. Voronin O. V. Proceedings on consideration and resolution of issues related to parole. Tomsk, 2004. (In Russ. ) 
8. Gaponov E. N. On the establishment of penitentiary courts in the judicial system of Russia. Rossiyskiy sud'ya, 2008, no. 8. (In Russ. ) 
9. Golovastova Yu. A. Penal enforcement law as a branch of Russian law: a modern view. Ed. by V. I. Seliverstov. Moscow, 2017. (In Russ. ) 
10. Divaev A. B. Appeal to the execution of sentences, definitions, resolutions — the final stage of criminal proceedings. Vestnik Kuzbasskogo instituta, 2020, no. 1(42). (In Russ. ) 
11. Divaev A. B. The essence of the execution of the sentence in the criminal process. Vestnik Kuzbasskogo instituta, 2017, no. 4. (In Russ. ) 
12. Doroshkov V. V. Improvement of the stage of execution of the sentence. Mirovoy sud'ya, 2017, no. 9. (In Russ. ) 
13. Kachalov V. I. Criminal procedural regulation of the execution of final court decisions. Moscow, 2017. (In Russ. ) 
14. Kirin V. A. Legislation on combating crime: branches and their interrelation. Moscow, 1978. (In Russ. ) 
15. Boikov A. D., Karpets I. I. (eds). The course of the Soviet criminal process. Moscow, 1989. (In Russ. ) 
16. Golovko L. V. (ed. ). The course of criminal procedure. 3rd ed. Moscow, 2021. (In Russ. ) 
17. Larin A. M. Criminal process: the structure of law and the structure of legislation. Moscow, 1985. (In Russ. ) 
18. Muravyev K. V. Optimization of the procedural form of application of criminal law. Moscow, 2019. (In Russ. ) 
19. Muratova N. G. The system of judicial control in criminal proceedings: issues of theory, legislative regulation and practice. Kazan, 2004. (In Russ. ) 
20. Muratova N. G. The system of judicial control in criminal proceedings. Kazan, 2003. (In Russ. ) 
21. Mikhailov V. A. (ed. ). Course of criminal proceedings: studies. Vol. 1. Moscow; Voronezh, 2006. (In Russ. ) 
22. Nikolyuk V. V. Interrelation and interdependence of the Criminal Procedure and Penal enforcement codes. In: Actual problems of the theory of combating crime and law enforcement practice. Krasnoyarsk, 1998. Iss. 1. (In Russ. ) 
23. Nikolyuk V. V. Implementation of the powers of the judiciary in the field of operational investigative activities as a form of criminal justice. Rossiyskaya yustitsiya, 2023, no. 9. (In Russ. ) 
24. Nikolyuk V. V. Judicial proceedings in the field of operational investigative activities. Rossiyskaya yustitsiya, 2023, no. 7. (In Russ. ) 
25. Nikolyuk V. V. Criminal and executive proceedings in the USSR. Irkutsk, 1989. (In Russ. ) 
26. Nikolyuk V. V. Criminal procedure and Criminal Executive Codes of the Russian Federation: points of contact and problems of coordination. Ugolovnoe pravo, 2016, no. 3. (In Russ. ) 
27. Seliverstov V. I. (ed. ). The general part of the new Penal Enforcement Code of the Russian Federation: results of theoretical modeling. Moscow, 2016. (In Russ. ) 
28. Pavlukhin A. N., Davydova I. A., Eriashvili N. D. Judicial control over the execution of criminal penalties. Moscow, 2008. (In Russ. ) 
29. Pikurov N. I. Criminal law in system of intersectoral relations. Dr. diss. Volgograd, 1999. (In Russ. ) 
30. Proshlyakov A. D. Interrelation of substantive and procedural criminal law. Dr. diss. thesis. Ekaterinburg, 1997. (In Russ. ) 
31. Pupysheva L. A. Proceedings on consideration and resolution of issues related to the execution of a sentence in the system of criminal procedur. Dr. diss. thesis. Omsk, 2022. (In Russ. ) 
32. Pupysheva L. A. Proceedings on consideration and resolution of issues related to the execution of a sentence in the system of criminal procedure. Dr. diss. Omsk, 2022. (In Russ. ) 
33. Eminov V. E., Orlov V. N. (eds). Russian course of penal enforcement law. Vol. 1. General part: textbook. Moscow, 2012. (In Russ. ) 
34. Rudnev V. I. Penitentiary judge. On the issue of judicial control over the execution of punishments. Rossiyskaya yustitsiya, 2001, no. 8. (In Russ. ) 
35. Sviridov M. K. About the courts for the execution of the sentence. In: Remenson A. L. (ed. ). Legal issues of the fight against crime. Tomsk, 1984. (In Russ. ) 
36. Seliverstov V. I. (ed. ). The concept of penal enforcement law, the subject and the system of the course. Penal enforcement law of Russia: textbook. 6th ed. Moscow, 2012. (In Russ. ) 
37. Skiba A. P. Some problems of differentiation of criminal procedural regulation. Ugolovnoispolnitel'noe pravo, 2015, no. 2(20). (In Russ. ) 
38. Skiba A. P., Skorik E. N. Collisions of penal enforcement and criminal procedure legislation at the stage of execution of a sentence. Severo-Kavkazskiy yuridicheskiy vestnik, 2015, no. 4. (In Russ. ) 
39. Kolokolov N. A. (ed. ). Judicial control in criminal proceedings. 2nd ed. Moscow, 2009. (In Russ. ) 
40. Sumin A. A. The stage of execution of the sentence should not be present in the system of stages of criminal proceedings. Vestnik ekonomicheskoy bezopasnosti, 2019, no. 1. (In Russ. ) 
41. Kalinin Yu. I. (ed. ). Penal enforcement law: textbook. General part. Moscow, 2006. (In Russ. ) 
42. Guskova A. P., Zinnurov F. K. (eds). Criminal procedure: textbook. 2nd ed. Moscow, 2012. (In Russ. ) 
43. Utkin V. A. Limits of penal enforcement legislation. Vestnik Kuzbasskogo instituta, 2020, no. 4(45). (In Russ. ) 
44. Chervotkin A. S. Interim judicial decisions in criminal proceedings. Moscow, 2018. (In Russ. ) 
45. Yakimovich Yu. K. The concept, purpose, differentiation of the criminal process. Principles of criminal proceedings. Tomsk, 2015. (In Russ. )

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