Issues of subject companies criminal cases

Kondrashin Pavel Viktorovich

The Criminal Procedure Law establishes the norms governing the jurisdiction of magistrates. However, law enforcement officers are still faced with issues of delineation of jurisdiction between magistrates and district courts, and not only when considering criminal cases at first instance, but also at the stage of execution of a sentence. In particular, when deciding on the extension of probation, the cancellation of a suspended sentence, bringing sentences into compliance, as well as the detention and election of a preventive measure in the form of detention of a convicted person evading serving a sentence, as part of the execution of the sentence, since the legislator ambiguously indicated the jurisdiction of these issues. The practice on this issue is ambiguous, there are different opinions, including explanations of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. In this article we will try to analyze these emerging issues in theory and practice and try to resolve these situations.

Keywords:jurisdiction, justices of the peace, district courts, execution of sentence, place of residence of the convicted person, detention, detention, suspended sentence, extension of probation.