Екатерина Чернявская
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Судьи Верховного Суда Российской Федерации на состоявшемся сегодня заседании Пленума проголосовали за принятие представленного ранее проекта Постановления «О внесении изменений в постановления Пленума Верховного Суда Российской Федерации от 20 декабря 2011 года № 21 «О практике применения судами законодательства об исполнении приговора» и от 22 декабря 2015 года № 58 «О практике назначения судами Российской Федерации уголовного наказания» (далее – Постановление). Текст документа имеется в распоряжении портала ГАРАНТ.РУ.
В соответствии с Постановлением сам по себе факт пребывания в состоянии алкогольного или наркотического опьянения не будет считаться отягчающим обстоятельством. В описательно-мотивировочной части приговора судам необходимо будет указывать мотивы, по которым суд пришел к выводу о необходимости признания этого состояния лица в момент совершения преступления отягчающим обстоятельством.
Также в документе содержится и разъяснение о заключении под стражу заключенного, уклонившегося от штрафа или обязательных работ. Кроме того, уточняется, что у суда есть не более 48 часов для того, чтобы рассмотреть представление о его заключении под стражу. Причем при рассмотрении такого представления суд будет выяснять, приложены ли к нему, в частности, протокол задержания осужденного и его объяснения, копии вступившего в силу приговора и постановления об объявлении осужденного в розыск.
Аналитическая система «Сутяжник» поможет узнать, какие обстоятельства являются решающими для судов в конкретных видах споров. Вы сможете понять, как нужно скорректировать исковое заявление или претензию, чтобы увеличить вероятность принятия решения в вашу пользу. Начать работу
Вместе с тем по сравнению с первоначальным вариантом в окончательный вариант Постановления не вошло разъяснение, касающееся возможности рассрочки уплаты уголовного штрафа. Также исключен и пункт о том, что поскольку положения ст. 86 Уголовного кодекса и ст. 400 Уголовно-процессуального кодекса не содержат каких-либо ограничений на обращение с ходатайством осужденными, отбывающими наказание в виде лишения свободы или принудительных работ, о снятии судимости по прежним приговорам, то вопрос о снятии судимости может разрешаться судом по месту нахождения учреждения, в котором осужденный отбывает наказание.
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