scholarly journals International Cooperation and Raised Issues in Implementation of the Code of Criminal Procedure of 2015

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Ngoc Chi
Keyword(s):  
Criminal Justice ◽  
International Cooperation ◽  
Criminal Procedure ◽  
Legal Framework ◽  
International Agreements ◽  
Viet Nam ◽  
Criminal Proceedings ◽  
Judicial Assistance ◽  
Hoa Binh

Via considerably revised and suplemented provisions, the Code of Criminal Procedure (CCP) of 2015 demonstrates the improvement of the legal framework on international cooperation in criminal proceedings. Such provisions of the CCP also harmonize with the Act of Judicial Assistance and international agreements with the participation of Vietnam. The article analyzes the grounds of revision and suplementation of the provions on international cooperation of the CCP of 2003 as well as mentions other issues of the CCPof 2015 need to be considered and to be improved to enhance the quality of this sector of criminal justice in the feature. Keywords Code of Criminal Procedure of 2015, international cooperation, judicial assistance References [1] Xem Nguyễn Thị Ly, luận văn Thạc sỹ “Chế định dẫn độ trong hợp tác quốc tế theo Luật Tố Tụng Hình sự Việt Nam”, Khoa Luật trực thuộc Đại học Quốc gia Hà Nội, năm 2015.[2] Nguyễn Hòa Bình, Những nội dung mới của bộ luật Tố tụng Hình sự năm 2015, Nhà xuất bản chính trị Quốc gia, Hà Nội, năm 2016.

scholarly journals The role of international bodies and organizations in the development of legal framework for application of video conferencing in criminal proceedings of the Russian Federation

2021 ◽  
pp. 31-41
Author(s):  
Mariia Aleksandrovna Iurkevich
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Video Conferencing ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Agreements ◽  
Criminal Proceedings ◽  
Short Period ◽  
The Russian Federation

Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.

Criminal Procedure Aspects of the International Cooperation of States in the Field of Combating Transnational Organized Crime

2019 ◽  
Vol 10 (3) ◽  
pp. 904
Author(s):  
Saida SEILKHANOVA ◽  
Aigerim SHEGEBAYEVA ◽  
Azina OTARBAYEVA ◽  
Yestay ABILEZOV
Keyword(s):  
International Cooperation ◽  
Organized Crime ◽  
National Policy ◽  
Criminal Procedure ◽  
Legal Framework ◽  
Legal Aspects ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
Study Results ◽  
The Republic

The research dwells on criminal and legal aspects of international cooperation in the field of combating transnational organized crime. The issues of fighting against transnational organized crime affect all states without exception.Therefore the formation of national legislation in this area should consider the international experience in combating this phenomenon and utilize international legal acts that serve as the basis for creating not only specific norms but also a national policy to counteract transnational organized crime. This article aims at studying different forms of interaction between agencies carrying out criminal procedure activities on an international scale and developing recommendations in order to introduce the most effective methods of such interaction into the procedural practice and legislation of the Republic of Kazakhstan. The authors of the article analyze the international legal framework, regulatory documents and law enforcement practice of a number of states (mainly the US, the EU, etc.). The authors conclude that criminal procedure aspects of the international legal framework for countering transnational organized crime in the context of the legislation of Kazakhstan require further development, improvement and comprehensive research. The study results obtained by the authors can serve as the basis for further scientific discussions and new surveys, as well as be used in the development of educational and practical manuals on the study of international cooperation both in criminal proceedings and in the fight against transnational organized crime.

scholarly journals VIDEOCONFERENCE AS A PROCEDURAL FORM OF USING INFORMATION TECHNOLOGIES IN CRIMINAL PROCEEDINGS OF UKRAINE

2021 ◽  
Vol 75 (2) ◽  
pp. 175-181
Author(s):  
Maksym Smyrnov ◽  
Keyword(s):  
Criminal Justice ◽  
International Cooperation ◽  
Information Technologies ◽  
Video Conferencing ◽  
Criminal Procedure ◽  
Communication Technologies ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Voice Transmission ◽  
Opposing Party

The article deals with specific controversial issues concerning features of using videoconferencing in criminal proceedings in general as well as at its specific stages; also own conclusions and propositions are justified which are aimed at further development of criminal procedural legislation of Ukraine with the regard to the questions raised. The essence, meaning, advantages, current state, and perspectives of using videoconferencing in criminal proceedings of Ukraine and the area of international cooperation among the states in criminal justice are examined. The state of legal regulation of using videoconferencing in criminal proceedings is analyzed. Code of Criminal Procedure of Ukraine provides for using videoconferencing both in criminal proceedings of Ukraine and criminal proceedings with a foreign element. Based on the analysis of grounds and procedure of video-conferencing features of its usage both in criminal proceedings of Ukraine and in the area of international cooperation among the states in criminal justice are identified. Videoconferencing can be used based on the decision of an investigator, prosecutor, investigative judge, or court in each case taking into account circumstances of criminal proceedings and subject to grounds provided for by the Code of Criminal Procedure of Ukraine. Before the start of investigative (search) action or court session using video-conferencing one shall ensure that nothing prevents a person from giving testimony, making motions, providing evidence, etc. This fact is essential for the admissibility of evidence used in criminal proceedings obtained using videoconferencing. Conducting requested procedural actions by video-conferencing ensure that an accused person, a victim, and other participants have an opportunity to express themselves on the raised issues, make arguments aimed to rebut the conclusions of the opposing party, provide evidence and make motions during pre-trial investigation or trial. Specificities of conducting a questioning using videoconferencing in the area of international cooperation as well as advantages of obtaining testimony from individuals put into custody or serving a sentence in a foreign state using videoconferencing compared to traditional means are formulated. The issue of interrelation between videoconferencing and principles of criminal proceedings is examined and it is showed that using videoconferencing is fully consistent with principles of criminal proceedings. Videoconferencing is one of the procedural forms of using information technologies in criminal proceedings and is used to conduct an action, participants of which are geographically separated one from another and thus communication among them are conducted using the communication technologies that support real-time image and voice transmission.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

THE PROBLEM OF COLLECTING AND EVALUATING EVIDENCE DURING THE INVESTIGATION OF USED AND VIOLENT CRIMES

2018 ◽  
Author(s):  
Volodymyr Baranyak ◽  
Keyword(s):  
Criminal Procedure ◽  
Professional Responsibility ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Careful Planning ◽  
Crime Detection ◽  
Preliminary Study ◽  
Material Evidence

The article is devoted to the study of problematic issues of collecting and evaluating evidence during the investigation of mercenary and violent crimes. It is proposed to make recommendations for improving the efficiency of crime detection on the basis of the principle of professional responsibility for this operational and investigative, investigative and forensic units. The issue of interaction of a forensic specialist with other services involved in the detection of crimes in cases of mercenary and violent crimes is considered. Emphasis is placed on the correctness of the design and timeliness of obtaining evidentiary information and the importance of the primary investigative actions, in which it is mainly concentrated. Due to the complexity of mercenary and violent crimes during the investigation in criminal proceedings, associated with careful planning, different ways of concealing traces at the scene, masking criminals, different ways of getting rid of resisting the attacker, the dependence of the effectiveness of criminal investigations actions of a specialist at the scene, the quality of the evidence collected and the preliminary study. Emphasis is placed on the importance of various forensic examinations that are performed in modern conditions during the investigation of crimes of mercenary and violent orientation. Cases of obtaining material evidence in violation of the rules of criminal procedure: marked, which consists in improper packaging of seized material evidence, lack of signatures of witnesses, a detailed description of the traces in the protocol of the investigation, violation of packaging and more. The most problematic is to determine the range of persons capable of committing crimes of selfishness and violence. However, it is characteristic of these crimes that they are usually committed according to a pre-designed plan, sometimes by groups with organizers and perpetrators. The importance of conducting preliminary investigations at the scene and during the investigative inspection of individual objects and traces as a way to quickly obtain information for the organization of a criminal investigation and which should be aimed primarily at studying information to facilitate the search and apprehension of the offender.

Legislative Evolution in Romanian Criminal Proceedings: The Special Procedure for Compensation of Material or Moral Damages in Cases of Judicial Error

2010 ◽  
Vol 35 (4) ◽  
pp. 369-396
Author(s):  
Mircea Damaschin
Keyword(s):  
Criminal Procedure ◽  
Legal Framework ◽  
Potential Effect ◽  
European Convention ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Individual Liberty ◽  
Procedure Code ◽  
Special Procedure ◽  
Judicial Error

AbstractThis article analyzes the special procedure for compensating material or moral damages where there has been a wrongful conviction—or other wrongful injury to individual liberty—caused by error in Romanian criminal proceedings.This remedy is provided for by the 1969 Romanian Criminal Procedure Code; however (perhaps inevitably), tension has risen between these provisions and those of the 1991 Romanian Constitution resulting in amendments to both the Code and the Constitution. The most significant of these amendments have flowed from decisions of the Romanian Constitutional Court; in turn, the Constitutional Court has been guided in its determinations of constitutionality by interpretations of the 1950 European Convention on Human Rights.In the present article, the author presents the evolution of Romania's legal framework in this field, analyzing key decisions of the Romanian Constitutional Court. Also considered here is the jurisprudence of Romanian ordinary courts dealing with the compensatory remedy for material or moral damages awarded to victims of judicial error in Romanian criminal proceedings. The relevance here of the practice of the European Court of Human Rights, which has been critical of Romania in this regard, cannot be overestimated.Finally, this article considers the potential effect of changes contained the new Criminal Procedure Code, which has been adopted in mid-2010 by the Romanian Parliament.

Analyzing Foundations of Imposing a Monetary Penalty on Parties to a Criminal Proceeding

2020 ◽  
Vol 10 (2) ◽  
pp. 682
Author(s):  
Arman SAKHARBAY ◽  
Askar Kadyrovich KALIYEV ◽  
Moldir Saparbekkyzy BAIKOMUROVA
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Regulatory Systems ◽  
Legal Nature ◽  
The Usa ◽  
Legislative Framework ◽  
The Uk ◽  
Original Approach

The research analyzes the possible application and effectiveness of a monetary penalty as one of the most useful sanctions to maintain the established order of criminal justice, as well as develops constructive proposals to improve the criminal procedure legislation based on the conducted survey. To this end, the authors of the article have studied the criminal procedure legislation of Kazakhstan and legislation on administrative offenses, considered scientific opinions presented in numerous publications on relevant topics and conducted a comparative analysis of regulatory systems in Kazakhstan, Germany, Austria, the USA and the UK. As a result, the authors have established that one of the main reasons hindering the adequate implementation of criminal justice is the violation of obligations to participate in criminal proceedings by persons named in the Criminal Procedure Code of Kazakhstan. To maintain procedural discipline, the court is provided with ample opportunities in the form of coercive measures, including a monetary penalty. The authors have investigated the legal nature of a monetary penalty and compared it with administrative fines. The authors have considered grounds and application procedures for this sanction in the criminal procedure legislation of Kazakhstan and some foreign legal systems. The authors have determined the problems of its implementation caused by the slovenly legislation of a monetary penalty that impedes law enforcement activity. A comprehensive analysis allows developing proposals for improving the use of monetary penalties as measures of coercion for criminal cases heard in the court. If these proposals are enshrined in the existing regulatory framework and put into practice, they will strengthen the discipline of parties to criminal proceedings, ensure the strict observance of criminal proceedings and increase their general effectiveness. Due to its conclusions and proposals, the article demonstrates the novelty of the conducted research, the authors' original approach to the analysis of information and innovative ways to improve the existing legislative framework.

scholarly journals The Implementation of Preventive Detention in Vietnam: A Human Rights Approach

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Hoang Tam Phi
Keyword(s):  
Risk Factors ◽  
Human Rights ◽  
Competent Authority ◽  
Criminal Procedure ◽  
Preventive Detention ◽  
Viet Nam ◽  
Monitoring Tool ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
Human Rights Based Approach

Preventive detention, according to the provisions of the criminal procedure code, is considered to be indispensable in the process of handling criminal cases. In the traditional view, this measure is not only for the purpose of preventing crimes but also to create a favorable condition for the competent authority to conduct criminal proceedings in the process of handling the case. This is a popular view in science and can be seen in the criminal procedure law of socialist countries, including Vietnam. In recent years, the adoption of a  rights-based approach in legislation and law enforcement has become recognized more and more by scholars and has changed the perception of preventive detention in criminal proceedings. The result is the birth of provisions on preventive detention based on the respect and protection of detainees’ human rights. This article will focus on analyzing preventive detention under a rights-based approach to provide the readers with a view arising from the need to respect, ensure, protect human rights in criminal proceedings and propose some recommendations on preventive detention on the basis of the human rights-based approach in order to improve the criminal procedure law in Vietnam. Keywords: Rights-based approach, Preventive detention, Detainee, Human rights of detainees. References: [1] Vũ Công Giao, Ngô Minh Hương, Tiếp cận dựa trên quyền con người - Lý luận và thực tiễn (Sách chuyên khảo), NXB. Đại học Quốc gia Hà Nội, Hà Nội, 2016.[2] Nguyễn Duy Sơn, Trần Thị Hòe, Tiếp cận dựa trên quyền con người trong hoạch định và thực thi chính sách ở Việt Nam, nguồn: http://lyluanchinhtri.vn/home/index.php/nguyen-cuu-ly-luan/item/595-tiep-can-dua-tren-quyen-con-nguoi-trong-hoach-dinh-va-thuc-thi-chinh-sach-o-viet-nam.html.[3] Chương trình phát triển Liên Hợp Quốc tại Việt Nam: http://www.un.org.vn/vi/component/docman/doc_details/115-a-human-rights-based-approach- toolkit.html?Itemid=266.[4] APT, Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment, Link: https://apt.ch/en/resources/detention-monitoring-tool-addressing-risk-factors-to-prevent-torture-and-ill-treatment/ (Truy cập lần cuối: 18/07/2019).[5] Trần Quang Tiệp, Về tự do các nhân và biện pháp cưỡng chế tố tụng hình sự, Nxb. Chính trị quốc gia, Hà Nội, 2005.[6] Gudmundur Alfredsson & Asjorn Eide (Chủ biên), The Universal Declaration of Human Rights: A Common Standard of Achivement (Tuyên ngôn Quốc tế Nhân quyền, 1948: Mục tiêu chung của nhân loại), Nguyễn Đăng Dung, Vũ Công Giao, Lã Khánh Tùng (Chủ biên bản dịch), NXB. Thanh niên, Hà Nội, 2017[7] Khoa Luật, ĐHQG Hà Nội, Giới thiệu Công ước về các quyền dân sự và chính trị (ICCPR, 1966), Nxb. Hồng Đức, Hà Nội, 2012.[8] Bùi Kiên Điện, “Vấn đề cưỡng chế tố tụng hình sự và nguyên tắc nhân đạo”, Tạp chí Luật học, Số 1, 2010.[9] Các quy tắc tiêu chuẩn tối thiểu của Liên hợp quốc về hoạt động tư pháp đối với người vị thành niên năm 1985 (Các quy tắc Bắc Kinh) theo Nghị quyết 40/33 ngày 29/11/1985 của Đại Hội đồng Liên Hợp Quốc.[10] Nguyễn Đăng Dung, Vũ Công Giao, Lã Khánh Tùng, Giáo trình lý luận và pháp luật về quyền con người, Nxb. Chính trị quốc gia, 2015, tr.164.[11] Tập hợp các nguyên tắc về bảo vệ tất cả những người bị giam hay tù dưới bất kì hình thức nào của Liên Hợp Quốc do Đại hội đồng Liên hợp quốc thông qua ngày 9/12/1988 theo Nghị quyết số 43/173.[12] Xuân Ân, Còn một số vi phạm trong các trại giam, tạm giữ, Báo Tiền phong (điện tử): https://www.msn.com/vi-vn/news/other/c%C3%B2n-m%E1%BB%99t-s%E1%BB%91-vi-ph%E1%BA%A1m-trong-c%C3%A1c-tr%E1%BA%A1i-giam-t%E1%BA%A1m-gi%E1%BB%AF/ar-AAEfrek (Truy cập lần cuối: 05/08/2019).[13] Trần Văn Độ, Hoàn thiện các quy định của Bộ luật Tố tụng hình sự về biện pháp tạm giam, nguồn: http://tks.edu.vn/thong-tin-khoa-hoc/chi-tiet/79/274 (Truy cập lần cuối: 12/10/2017).[14] Nghị quyết số 49-NQ/TW ngày 02 tháng 06 năm 2005 của Bộ Chính trị về Chiến lược cải cách tư pháp đến năm 2020.[15] Lê Minh Tuấn, “Hoàn thiện một số quy định của BLTTHS về tạm giam nhằm đáp ứng yêu cầu cải cách tư pháp”, Tạp chí Kiểm sát, Số 9, 2008.[16] Viện Kiểm sát Nhân dân Tối cao - Cục Thống kê.[17] Viện Kiểm sát Nhân dân Tối cao - Vụ kiểm sát tạm giữ, tạm giam, thi hành án hình sự (2010), Báo cáo tổng kết công tác kiểm sát việc tạm giữ tạm giam, quản lý và giáo dục người chấp hành án phạt tù từ các năm 2005 đến 2009, Hà Nội.[18] Viện Kiểm sát Nhân dân Tối cao - Vụ kiểm sát tạm giữ, tạm giam, thi hành án hình sự (2010), Báo cáo tổng kết công tác kiểm sát việc tạm giữ tạm giam, quản lý và giáo dục người chấp hành án phạt tù từ các năm 2010 đến 2014, Hà Nội.[19] Nguyễn Tiến Tài, Để tránh chuyện tạm giam vô thời hạn, nguồn: http://www2.hvcsnd.edu.vn/vn/Acedemy/Nghien-cuu-Trao-doi/76/325/De-tranh-chuyen-tam-giam-vo-thoi-han.aspx (Truy cập lần cuối: 05/08/2019).[20] Webside: https://danluat.thuvienphapluat.vn/chia-se-bo-luat-to-tung-hinh-su-cac-nuoc-166373.aspx (Truy cập lần cuối: 05/08/2019).  

scholarly journals HARMONIZATION OF CRIMINAL PROCEDURE AS A MEANS OF ENSURING THEIR UNIFORM APPLICATION

2021 ◽  
Vol 31 (3) ◽  
pp. 509-514
Author(s):  
D.V. Tat'yanin
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
High Quality ◽  
Red Tape ◽  
Judicial Proceedings ◽  
The Law ◽  
The Right ◽  
Different Content

The law of criminal procedure contains a number of rules with different content, which raises a number of questions in their interpretation and application. Decisions made using rules with different content lead to their appeal, often to annulment, which does not ensure the achievement of the appointment of criminal proceedings, but leads to unjustified red tape in criminal proceedings and the delay in making final decisions on them. The need to harmonize criminal procedure rules is related to ensuring high-quality and effective criminal proceedings, ensuring the protection of the rights of participants in criminal proceedings, the quality of the evidence process, both in pre-trial and judicial proceedings. The article addresses the problems of unification of criminal procedure rules containing such concepts as an investigator and urgent investigative actions. It is proposed to eliminate the contradictions in them in order to ensure their uniform application. The introduction of a single concept of investigator and refusal to use the profession of "forensic investigator" in this concept is justified, it is proposed to expand the number of participants who have the right to carry out urgent investigative actions, as well as to assign to them investigative actions carried out at the stage of initiating a criminal case.

scholarly journals Execution of a Sentence – an Independent Stage of Criminal Proceedings

2020 ◽  
Vol 14 (4) ◽  
pp. 560-565
Author(s):  
Vyacheslav B. Shabanov ◽  
Lyudmila Yu. Budanova ◽  
Vladimir. P. Kramarenko
Keyword(s):  
Criminal Justice ◽  
Key Words ◽  
Criminal Procedure ◽  
Legal Issues ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Essential Nature ◽  
Procedural Law ◽  
Characteristic Features

The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution of a sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features. Key words: execution of a sentence; stage of criminal procedure; subjects of execution of a sentence; criminal justice; criminal proceedings.

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