Постановления, устраняющие недостатки приговора, как иные судебные решения в российском уголовном процессе

Abstract

The subject of the study is the legal nature of the decisions made in the process of execution of the final court decision, the purpose of which is to eliminate its shortcomings that impede its execution. Such decisions include rulings on the execution of a sentence in the presence of other unexecuted sentences; on the offset of the time spent in custody, as well as the time spent in a medical institution; on clarifying doubts and ambiguities arising during the execution of the sentence. The scientific approaches of researchers to the legal nature of these decisions and their place in the criminal process are considered. 48 Уголовное судопроизводство № 1-2024 When applying the dialectical method of cognition, these decisions are investigated in conjunction with other court decisions issued in the domestic criminal process. The use of such private scientific methods of cognition as analysis, synthesis, abstraction, induction, deduction, systemic led to the conclusion that these decisions have procedural and legal features that are different from those that are normatively fixed and theoretically developed in the science of the criminal process, such as characteristic of interlocutory judgments. The position on the need to separate these decisions into an independent group of “other court decisions” in the Russian criminal process is substantiated.