ON THE QUESTION OF THE ORDER OF RELEASE FROM CUSTODY OF PERSONS SENTENCED TO IMPRISONMENT

Abstract

Issues related to the transparency and conciseness of the interpretation of provisions of legislation of the Russian Federation do not cease to be relevant, as in the practice of applying these provisions various questions of interpretation and implementation still arise. This article discusses the issue of the release from custody of persons sentenced to imprisonment in various situations. The need for this consideration is due to the lack of direct action provisions in legislation that provides for an accurate and unambiguous solution to issues related to the need to release prisoners sentenced to imprisonment, the term of punishment of which has been set by the court of first instance expired before the sentence comes into force. The purpose of the article is to describe possible situations and to propose solutions in the frame of ambiguity of interpretation. This study gives an idea of the possible practical situations that arise for various reasons (due to inaccuracy of sentencing, omission in the decision on the pre-trial restriction and other incidents). The work analyzes in detail the provisions governing the indicated issue and defines an exhaustive list of entities authorized, if there are appropriate grounds, to decide on the release of these persons, peculiarities and means of resolving problematic issues. One of the most important situations is when the term of detention expires before the sentence comes into force, and the court of first instance when pronouncing the sentence in violation of the requirements of the Code of Criminal Procedure of the Russian Federation, did not specify that the pre-trial restriction before the sentence takes effect remains the same, thereby not resolving the issue of release of a convicted person. The authors specify the necessary algorithm of actions in such practical situations. In conclusion , the article indicates the misregulating of some issues related to the release from custody of persons sentenced to imprisonment, including due to possible unintentional cases of entities whose competence includes issues about the extension or change of the pre-trial restriction and it is proposed to introduce clarifying provisions into the legislation.