Release From Sentence Service Due to the Illness of the Accused: Problems of Interbranch Regulation by the Legislations of Russia and Tajikistan

• Published in: Legal Concept = Pravovaya Paradigma 2016-01, Vol.15 (4(33))
• Main Authors: Skiba, Andrey P, Yuldoshev, Rifat R
• Format: Article
• Language: eng ; rus
• Subjects: Illnesses; Regulation
• ISSN: 2587-8115

Introduction. The Institute for exemption from punishment in connection with the disease of the accused has intersectoral nature and is governed by the provisions in the first penal, criminal and criminal procedural law, jointly regulating social relations in the area of execution of criminal penalties in connection with which the authors study the interbranch regulatory issues of exemption from serving the institution of criminal punishment due to the illness of the convicted person. Methods. The methodological framework of this research is a set of methods of scientific knowledge, among which the main place is occupied by the systematic methods of analysis and comparative law. Results. The authors’ position is based on the current legislation of the Russian Federation and the Republic of Tajikistan in the context of the advantages and disadvantages of legal regulation of cross-sectoral exemption Institute from punishment, the existing discretionary rules and incentive approaches in the ordering and all the features of persons in respect of whom this institution applies. Conclusions. As a result of comparative legal studies the authors revealed the significant differences in Russia and Tajikistan inter-sectoral regulatory exemption from punishment due to illness of the convicted person, as well as relevant issues in the legislation of these countries, requiring a legislative solution.