Release From Serving a Sentence in the Form of Life Imprisonment: Domestic Realities and Prospects of Improvement

Abstract

The article is dedicated to the analysis of the domestic legislation on release from serving a sentence in the form of life imprisonment. It has been found out that life imprisonment is the most severe type of punishment in many countries of the world. This fact leads to lively scientific and practical discussions around the legal regulation of certain aspects of its implementing and serving. The issue of release from serving this type of punishment is especially acute, as human rights organizations emphasize the lack of an effective mechanism for release from serving a sentence in the form of life imprisonment in Ukraine, which contradicts not only a number of international normative and legal acts but also the basic principles of a democratic society which should not deny a person in the opportunity to re-socialize. A review of international norms relating to this area of legal relations is maintained. The main models of release from serving a sentence in the form of life imprisonment on the example of foreign experience are considered. It is concluded that the current model of release from serving a sentence in the form of life imprisonment in Ukraine is inconsistent with the provisions of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of humanism, and therefore has no prospects for further development and requires significant transformation, because the institution of presidential pardon is rather exceptional and does not create a really functioning mechanism of release from serving a sentence in the form of life imprisonment, but only creates additional problems in the law enforcement process. These shortcomings of the existing model of release from serving a sentence in the form of life imprisonment in Ukraine have been highlighted, in particular, by the European Court of Human Rights. It is substantiated that the current initiatives aimed at making changes in this area at the level of normative and legal acts are an important but insufficient step to solve this problem. Therefore, the relevant amendments should be made in the Criminal and Criminal Executive Codes of Ukraine and further detailed at the sub statutory level. Making such amendments will not only allow to bring the provisions of domestic criminal and criminal-executive legislation in line with high international standards of human rights protection, but also in accordance with the Constitution of Ukraine, which is the Basic Law of our state. Key words: life imprisonment, release from serving a sentence, pardon, legislation, foreign experience.