Питання процесуального порядку заміни невідбутої частини покарання більш м'яким

Abstract

This article analyzes the application of the exemption from serving a sentence (parole) by replacing the non-served part of the sentence with a lenient punishment. The procedural differences between parole and parole by replacing the non-serving part of the sentence with a lenient punishment are identified. The list of circumstances to be established by the court when applying this type of exemption from serving a sentence is considered. The article analyzes studies and court practices to establish the circumstances that characterize the convict and lay grounds for replacing the non-served part of the sentence with a more lenient punishment. Deficiencies of the existing procedure for obtaining information about the convict personality were identified. The article proposes amendments to the existing procedures for applying for the exemption from serving a sentence through replacing the non-served part of the sentence with a more lenient punishment, which includes the engagement of the probation agencies into procedures.