THE REPLACEMENT OF PUNISHMENT IN THE RUSSIAN CRIMINAL LAW
Despite multiple manifestations of the substitution of punishment in the criminal legislation of Russia, up to day, they have not been subjected to systematic analysis as an integral normative legal formation, and if this was done, it was done without defining a key concept - the replacement of criminal punishment. The answer to this question is the present article. In determining the concept of substitution of punishment, the attention is drawn to the fact that both the replaced and the substituting punishment in this case is always a criminal punishment, the replacement of which under the current criminal law can occur not only at the stage of execution of punishment but also at its imposition; The subject of a substitution may be both a criminal sanction that has already been approved, and has not been imposed yet ; the replacement of punishment is not limited to the replacement of the form of criminal punishment, but includes the replacement of the extent of criminal punishment within the same type of punishment. Unlike conventional views, it takes stock of the goals set for the act of substituting punishments that are different from those set for punishment and fixed in part 2 of Article 43 of the Criminal Code of the Russian Federation. As a result, a comprehensive legal description of the substitution of punishment in the criminal law of Russia is given, and a definition of its concept is proposed which has not only theoretical but also law enforcement implications.