SPECIAL ASPECTS OF LEGAL CONTROL OF LIABILITY OF CONVICTED JUVENILES WHO MALICIOUSLY EVADE FROM SERVING PUNISHMENT, NOT CONNECTED WITH THE ISOLATION FROM SOCIETY

When executing sentences, not associated with the isolation of prisoners from society, a number of difficulties occur due to the special aspects of imposition of punishment on a convicted juvenile. One of the problems is the uncertainty in the issue of application of the institute of substitution of unserved part of punishment without isolation from the society with the deprivation of liberty for convicted juveniles carried out a crime of little or medium gravity for the first time aged up to sixteen years, as well as for other convicted juvenile carried out a crime of little gravity for the first time, and maliciously evading from serving a court-appointed punishment. In respect of convicts maliciously evading from serving punishment not associated with the isolation from society, the present-day Russian criminal legislation provides the substitution of the unserved part of punishment with the deprivation of liberty. In such cases, the law does not place any objections for such actions. However, the Russian Federation Supreme Court Plenum in its decree dated 01.02.2011 №1 "On the judicial practice of application of legislation regulating the special aspects of criminal liability and punishment for minors" came to a conclusion on the non-application of the institute of substitution of the unserved part of punishment with the deprivation of liberty for juvenile convicted who cannot be custodial sentenced, according to the provisions of part 6 of article 88 of the criminal code of the Russian Federation. In accordance with this explanation the court does not apply the substitution of unserved part of punishment with the liberty deprivation, despite the repeated facts of malicious evasion, as well as the gross violation of order and the conditions of service of sentence, and the enforcement actions against the reported delinquents are exhausted on the part of the criminal-executive inspection. And the Russian Federation legislation does not provide any other forms of liability of convicted. In fact, this situation means the failure to perform the elected by the court criminal punishment without imprisonment in relation to juvenile convicted maliciously evading punishment specified in paragraph 6 of article 88 of the Russian Federation criminal code. The level of repeated criminality of maliciously evading punishment convicted juveniles who cannot be custodial sentenced, and the court denied the satisfaction of the criminal-executive inspection filing petition for the substitution of punishment without imprisonment with the more grave penalty, exceeded in 2013 the national average number of reported delinquents under 18 years more than in 5 times. Therefore, the substitution of the punishment with the deprivation of liberty for this category of convicted became the preventive measure of repeated criminality.