Replacing the Unserved Part of the Punishment with a Milder Type of Punishment: The Practice of Application and Ways to Improve

Abstract

Replacing the unserved part of the sentence with a milder type of punishment as a type of early release from further serving a sentence is relevant in the context of the humanization of domestic criminal and penitentiary policy, as well as in demand by modern judicial practice. This institution performs a number of important tasks to correct and stimulate the law-abiding behavior of convicts, which causes interest in the identified problems of law enforcement of its norms and the search for ways to solve them. The article uses the results of a sociological study conducted by the author from January to May 2023. The aim of the work is to study the practice of applying the replacement of the unserved part of the punishment with a milder type of punishment and to determine ways to improve it. The methodological basis of the study was the empirical method, the statistical method, the comparative legal method, the method of interpretation of legal norms, the methods of formal and dialectical logic. Based on the analysis of scientific literature, the doctrinal positions of scientists, the current regulatory framework, the criminal legislation of foreign countries, statistical data, materials of judicial practice, the results of a sociological study conducted by the author, specific ways are proposed to improve the replacement of the unserved part of the punishment with a milder type of punishment, including additions and amendments to Art. 80 of the Criminal Code of the Russian Federation.