Execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries

Puzyrov, M. S.

doi:10.24144/2788-6018.2021.04.46

Cited by 2 publications

(1 citation statement)

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“…7 Міжнародного пакту про громадські та політичні права, Конвенції ООН проти катувань та інших жорстоких, нелюдських або таких, що принижують гідність, видів поводження і покарання, ст. 5 Конвенції про захист прав людини та основоположних свобод, Європейської конвенції про запобігання катуванням чи нелюдському або такому, що принижує гідність, поводженню чи покаранню, іншим міжнародно-правовим актам та зарубіжній практиці [9].…”

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Marginalism or Humanism – Modern Approaches to Ensuring the Rights of Those Sentenced to Life Imprisonment in Ukraine: The Theoretical and Legal Aspect of the Issue

Kolb,

Levchenko

2024

Scientific journal Criminal and Executive System: Yesterday. To

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This scientific article clarifies the socio-normative nature of the legal status of those sentenced to life imprisonment, and also determines the influence of existing marginal groups (politicians, subjects of legislative initiative, scientists, practitioners, etc.) on the process of execution – serving this type of criminal punishment. In particular, it was established that life imprisonment is applied by the court only in exceptional cases, when the purpose of punishment established in the Criminal Code of Ukraine cannot be achieved by other means of criminal law influence defined in the law. Based on this, a special status of those sentenced to life imprisonment has been established at the legislative level, which provides for such legal restrictions that are not characteristic of other types of punishments associated with the isolation of persons guilty of crimes. On the basis of the study of the content of national legal acts, the corresponding norms of international law, practice and theoretical studies, it was established that today the legal status of persons sentenced to life imprisonment, as well as the process of execution – serving this criminal punishment in full meets the requirements of civilization, the best foreign approaches and in general the socio-legal nature of the specified subjects of criminal-executive legal relations. It has also been proven that any attempts by politicians and other subjects of the formation and implementation of the criminal law policy of Ukraine, including people’s deputies and scientists, should be regarded as the marginalization of the execution process – the serving of a sentence in the form of life imprisonment and the creation of another source that encroach on the national security of Ukraine. Key words: marginalization; humanism; execution process – serving sentences; Legal Status; sentenced to life imprisonment; purpose of punishment; legal restrictions.

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Marginalism or Humanism – Modern Approaches to Ensuring the Rights of Those Sentenced to Life Imprisonment in Ukraine: The Theoretical and Legal Aspect of the Issue

Kolb,

Levchenko

2024

Scientific journal Criminal and Executive System: Yesterday. To

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Foreign Experience of the Functioning of Penitentiary Systems: Prospects for Improving National Legislation

Malinkovska¹,

Tymoshchuk²,

Brunevych³

2023

Scientific Herald of Sivershchyna. Series: Law

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The article analyzes advanced practices of the functioning of penitentiary systems in foreign countries. Attention was focused on such aspects as: the expediency of using deprivation of liberty as the main form of punishment, the types of institutions for the execution of punishment, the functioning of state and private institutions of deprivation of liberty and the expediency of introducing a similar practice in Ukraine, professional training of personnel of institutions of deprivation of liberty. In particular, it was established that such type of punishment as deprivation of liberty is not an effective measure, as there is a probability of repeated crimes. This led to the analysis of the experience of applying criminal punishments associated with deprivation of liberty in those foreign countries where recidivism after release has a fairly low share of all crime. Due to repeated statements about the creation of private prisons in Ukraine, special attention was paid to this issue. Countries where the practice of private prisons has already been tested (USA, Great Britain, Australia) were taken as an example, and issues that should be paid special attention to when introducing this institution in our country were summarized. Taking into account the fact that the personnel of the penal institutions are constantly in contact with the convicted person due to the performance of their official duties, the issue of his professional training is highlighted as important. In this aspect, the preparation for the humanization of personnel education and the technology of combining theory and practice with the introduction of progressive experience of penitentiary activity deserve further analysis and implementation. It is clear that it is impossible to fully borrow foreign experience in the application of deprivation of liberty and serving a sentence, but the isolated issues must be taken into account when implementing progressive practices into national legislation. Key words: penitentiary system; criminal law; execution of punishments; convicts; probation; institutions of execution of punishments; national legislation; implementation.

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Execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries

Cited by 2 publications

References 0 publications

Marginalism or Humanism – Modern Approaches to Ensuring the Rights of Those Sentenced to Life Imprisonment in Ukraine: The Theoretical and Legal Aspect of the Issue

Marginalism or Humanism – Modern Approaches to Ensuring the Rights of Those Sentenced to Life Imprisonment in Ukraine: The Theoretical and Legal Aspect of the Issue

Foreign Experience of the Functioning of Penitentiary Systems: Prospects for Improving National Legislation

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