Замена неотбытой части наказания в виде лишения свободы наказанием в виде ограничения свободы в порядке ст. 80 Уголовного кодекса Российской Федерации: вопросы правоприменения

Abstract

The article proposes to consider amending Article 80 of the Criminal Code of the Russian Federation and supplementing it with Part 3.1 with the following content, “The unserved term of custodial sentence or forced labor cannot be replaced with the supervised release if the court sentences to the supervised release as an additional punishment. In this case, the court must consider releasing the convicted person from an additional supervised release, or replacing the unserved term of the custodial sentence or forced labor with correctional labor.” The issues that arise in connection with the replacement of the unserved term of the custodial sentence with a milder form of punishment - supervised release - significantly complicate the execution of this punishment and need to be adjusted. The proposed amendments in the current legislation will help eliminate the existing problems in law enforcement practice, since when making decisions, not only the criminal law, but also the social characteristics of the convict will be taken into account. This decision can increase the effectiveness of custodial sentence and result in its more active application.