ПРОБЛЕМНІ ПИТАННЯ ЗАКОНОДАВСТВА УКРАЇНИ СТОСОВНО КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА УХИЛЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ У ВИДІ ГРОМАДСЬКИХ РОБІТ

Abstract

The article addresses to the peculiarities of Ukrainian legislation in the process of application and implementation of criminal liability for avoidance of serving a sentence in the form of community service, as according to official statistics they are the most common of all types of criminal behavior of non-custodial prisoners. The conditions under which a convict cannot be prosecuted for violating labor discipline are analyzed, as well as the conditions under which criminal liability is applied for avoidance from serving a sentence in the form of community service. The article draws attention to the dilution of the concepts of “avoidance of punishment” and “non-execution of punishment”. The authors raise the issue of impunity for double or more disregard by convicts of the warning of the probation authority to his personal address, as well as the possibility of initiating disciplinary proceedings in such cases of violation of labor discipline, if they are committed at least repeatedly, but less than twice a month. The article reveals the meaning of the term “labor discipline” as an integral part of the activities of any enterprise, aimed at ensuring unity in achieving goals and acts as a necessary condition for any joint work. The conclusions state that the problem of accurately establishing the legal nature of avoidance of punishments not related to the isolation of a person from society could be solved in the case of a positive perception of the Ukrainian legislator’s opinion of domestic scholars on the distribution of criminal offenses, the experience of which has positive aspects. This would allow avoidance to be included in the category of criminal offenses according to the degree of their public danger. Key words: community service, avoidance of serving sentence, non-custodial sentence, community service, labor discipline.