The problem of increasing criminal liability of persons who evade the serving of certain types of punishment can be solved on the basis of the regulated by criminal-procedural law resumption of proceedings under new circumstances. This requires making changes not only to the Criminal Code of the Russian Federation, but also to Articles of Chapter 49 of the Penal Code of the Russian Federation. A new circumstance in this case can be considered the established by the court inability to carry out the previously imposed type of punishment. Such an inability can be considered as a social phenomenon, hindering the mitigating of punishment, to become the basis for the application of the previously too lenient punishment. In implementing the proposed changes to the current legislation to those types of malicious evasion of the sentence, which are expressed in the repeated commission of administrative and disciplinary offences, other types of malicious evasion of punishment should also be equated due to their consequences An exception should be made only for such crimes as e.g. an escape from prison, from arrest or from custody which according to the degree of their public danger are crimes encroaching on the already formed object of criminal protection and represent themselves separate criminal acts. The malicious evasion of a person sentenced to the restriction of freedom, from serving the sentence provided for by Part 1 of Art. 314 Criminal Code of the Russian Federation should be decriminalized. There are no convincing explanations as to why, under current Russian law, evasion of the restriction of freedom imposed as an additional punishment is considered a crime, but evasion of the same punishment which was imposed as the main one is an administrative offence. The main types of individualization of punishment in the course of its execution for the purposes of this study are the mitigation and examination by the court of the previously imposed punishment. The current criminal code of the Russian Federation considers some types of individualization of the punishment in the process of its execution as a type of release from punishment (Article 79, 80 of the Criminal Code of the Russian Federation). The mitigation and strengthening of the sentence imposed by the court in the course of its execution, as in other cases, can occur only within the limits set by the law. Criminal legislation does not allow to increase the originally imposed punishment for the crime committed by a person. The exceptions are the cases of changes in the type of punishment when the convict evades mandatory, correctional and forced labour, as well as from the restriction of freedom. The strengthening of punishment in the course of its execution is possible in the order established by Part 4, Article 58 of the Criminal Code of the Russian Federation, which regulates the change of the type of correctional facility. In accordance with Part 3 of Article 53 of the Criminal Code of the Russian Federation, the court has the right to supplement the previously established restrictions to the convict during the period of serving the restriction of freedom. The law provides for greater opportunities for strengthening punitive-educational measures in the execution of probation and deferral of the sentence. The court's mitigation of the punishment in the process of its execution is presented in the form of its replacement by a more lenient form of punishment and in the form of its replacement by another measure of criminal and legal nature (Articles 79 and 80 of the Criminal Code of the Russian Federation). This latter form of individualization of criminal responsibility should include parole (the legal status of the parolee is homogeneous with the legal position of the person subject to probation), as well as a stay of serving a sentence in the process of its execution, provided for by Article 177 of the Penal Code of the Russian Federation.
