Branch affiliation of the rules governing judicial activity on the execution of sentences

Depending on the legal scope of the execution of the sentence, the court applies some methods of legal influence on the subjects. For a long time, being a stage of criminal procedure, the court applied the criminal procedural method. Recently, however, there have been different opinions about the branch affiliation of judicial activities. There is a need to analyze these views to determine which one is more correct and whether legislative changes are necessary. The view on the judicial activity as a non-basic criminal-procedural activity, but as on an additional procedure, is probably not correct. This viewpoint is motivated because the subject of the analyzed activity differs from the subject of the criminal case - the issue of the crime is not considered here. However, the subject of the criminal case is not an isolated one; according to the Criminal Procedure Code of the Russian Federation, it includes the issues about guilt and punishment. Thus, the judicial activity includes, though not in full, the subject of a criminal case. The question of punishment, whether to change it or release from it, depends on the changing situation and the identity of the convict. It is necessary to decide this question, but only the court can do it. Any change in the sentence is done because of the application of criminal law. Only one body, the court, is entitled to apply the rules of criminal law using a criminal procedure method of regulation. Consequently, judicial activity extends the criminal case in terms of punishment. The proposal to consider the judicial activity to be criminal procedure is also hardly acceptable. Criminal proceedings use unique methods, and it is unacceptable to allow the sentences to be changed in these proceedings using criminal law. Thus, new opinions about judicial activities have serious defects, so it is hardly necessary to change the law on their basis.

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