Problems of Improving the Penalties System and the Efficiency of the Penitentiary System of Ukraine Under the Conditions of the Martial State

Abstract

The article examines the problems of improving the punishment system and the effectiveness of the penitentiary system of Ukraine under martial law. Some new legislative proposals regarding the improvement of the domestic penal system are analyzed, which are aimed at improving the efficiency of the Ukrainian penitentiary system in the conditions of martial law. It has been established that among the proposals on the effectiveness of the Ukrainian penitentiary system under martial law, special attention is drawn to those that propose expanding the list of types of punishments alternative to imprisonment in the current Criminal Code of Ukraine, as well as establishing a new type of punishment "probation supervision". Peculiarities of such types of punishment as restriction of will and proposed probationary supervision are analyzed. It was determined that the ideas about the punitive properties of restraint of will and its possible replacement by probation supervision are built on the following grounds: restraint of will has lost its punitive potential and effective application in the penitentiary system; the lack of a correct understanding of the order of appointment, execution and serving of punishment in the form of restraint of will gives rise to a false opinion about the similarity of this type of punishment with probation supervision. It has been established that the new type of punishment in the form of probation supervision, although it represents a new perspective on the procedure for the execution and serving of punishment in the case of a person committing criminal misdemeanors and minor crimes, but cannot completely replace the restriction of free will. It has been proven that punishment in the form of probationary supervision cannot replace the restriction of will, however, it may well occupy an independent place in the system of punishments under the Criminal Code of Ukraine, the innovation should also be marked in the relevant provisions of the Criminal Executive Code of Ukraine, regarding the order and conditions of execution and serving a sentence in the form of probation supervision, as well as finding a logical continuation in the adoption of relevant changes in the Law of Ukraine "On Probation".