THE CONVICTS’ DIRECTION TO PLACES OF DETENTION DUE TO THE ABOLITION OF PROBATION, REPLACEMENT OF CORRECTIVE, OBLIGATORY WORKS, RESTRICTIONS OF FREEDOM, THE PENALTY: PROBLEMS OF THE THEORY, LEGAL REGULATION, COURT PRACTICE
Originality and independence of these activities of the main criminal justice which subject constitutes criminal case, impossibility for this reason of distribution of many criminal procedure institutes, specific regulations to the penal proceedings because of what its legal regulation has probelny character, availability of serious contradictions, not coordinations of regulations of Criminal procedure and Penal codes of the Russian Federation, limited regulatory potential of explanations of the Plenum of the Supreme Court of the Russian Federation indicate the large volume of the actual criminal justice which is formed as a result of consideration and permission by courts of questions of execution of a sentence the need of enhancement of the legislation of execution of a sentence in a number of the directions that will allow to provide other, more reliable level of legality of the adopted court decisions, especially in cases, when the imposed penalty is replaced with more severe, including imprisonment. Within this article taking into account the chosen subject issues of the theory, the legal regulation and court practice of the convicts’ direction to places of detention in connection with abolition of probation, replacement of corrective, obligatory works of restriction of freedom and fine are touched.