Doctrinal uncertainty of institutions of criminal executive law in judicial practice: from terminological polysemy to systemic contradictions

Abstract

Relevance. The importance of the study is determined by the absence of a unified approach to understanding the institutions of criminal executive law in judicial practice, which follows both science and legislation. A particular role in addressing this issue is played by the decisions of the Constitutional Court, as they directly influence law enforcement practices, subsequent scientific developments in this area, and the formation of criminal executive legislation.

The purpose of this paper is to analyze the text of specific decisions of the Constitutional Court of the Russian Federation as well as courts of general jurisdiction where the term “institution” is used with reference to criminal executive law.

Conclusions. Analysis of judicial practice has shown that often in the decisions of the Constitutional Court of the Russian Federation and courts of general jurisdiction, the term “institution” of criminal executive law is used without sufficient scientific justification, negatively affecting not only the definition of institutions of the studied branch, their differentiation from institutions of other branches of law, but also the improvement of current criminal executive legislation and subordinate normative legal acts adopted pursuant thereto.

Key words: Institutions of of Law, Institutions of Criminal Executive Law, Decisions of the Constitutional Court of the Russian Federation, Courts of General Jurisdiction.