Public Influence as a Means of Public Control Over the Observance of the Rights of Convicts During Criminal Punishments: Separate Legislative Problems

Abstract

The article examines certain legislative problems regarding the establishment and interpretation of public influence as a means of public control over the observance of the rights of convicts during the execution of criminal sentences. On the basis of certain articles of the Criminal and Executive Code of Ukraine, in particular part 3 of Art. 6 and Part 2 of Art. 25 of the Criminal and Executive Code of Ukraine analyzes the regulation of public control over the activities of bodies and institutions that carry out criminal punishments. It has been established that among the problematic issues related to public control are issues of theoretical and legislative interpretation of public influence as one of the means of public control over the observance of the rights of convicts during execution of criminal punishments. Attention is drawn to the fact that the current Criminal-Executive Code of Ukraine does not fix the definition of public influence on the convicted person, only refers to the need for its application, in particular indirectly indicates some forms of this work in the Criminal-Executive Code of Ukraine. This situation allows subjective and broader interpretation of this remedy, which leads to violations in law enforcement practice. In addition, the Criminal Executive Code of Ukraine indicates the application of the entire set of correctional means only in relation to punishment in the form of deprivation of liberty. It has been proven that public influence is one of the most effective methods, which, unfortunately, is not given due attention. The participation of public and religious organizations (public influence) is an integral part of the process of resocialization of convicts and key elements of the practical component of the implementation of the principles of democracy within the framework of criminal law. The imperfection of national legislation in the field of public control, in particular public influence, negatively affects the development of a democratic, social and legal state. For the full and comprehensive implementation of the institution of public influence in practical activities, as well as the avoidance of double interpretation, it is necessary to establish at the legislative level, in the norms of criminal law, the definition of the institution of public influence on convicts, disclosure of its content, conditions of application to each specific type of punishment, which will contribute to justified and timely application of this remedy, including when executing punishments that are not related to the isolation of the convicted person from society.