The procedure for sending sentenced to arrest to the place of punishment

The article analyzes the problems in the direction of sentenced to arrest in the Republic of Belarus to the place of punishment. Based on the study of penal legislation it is concluded that there is no normative regulation of the issues of sending convicts to lockup houses, the concept of evading serving a sentence of arrest as well as the procedure and conditions for criminal prosecution under Art. 414 of the Criminal Code of the Republic of Belarus. This causes problems associated with the violation of the principle of the inevitability of criminal liability and the practice of applying this type of punishment, entailing among other things the growth of recidivism up to grave and especially grave crimes, encroaching on human life and health. Based on a comparative analysis of the legislation of the Republic of Belarus and the Russian Federation, which regulates the execution and serving of punishment in the form of arrest, the similarity of legal regulation of these public relations and problems in the law enforcement practice of both countries is noted. The conclusion is drawn about the need to amend the Penal Code of the Republic of Belarus in order to eliminate conflicts related to the execution of the sentence of arrest as well as conduct a comprehensive study of the execution of the sentence of arrest in the Russian Federation.

Keywords: convicted; arrest; lockup houses; penal inspection; execution of sentences; sending convicts to the place of serving the sentence