ПОНЯТТЯ, СУТНІСТЬ І ЗНАЧЕННЯ ЗАХОДІВ СТЯГНЕННЯ, ЩО ЗАСТОСОВУЮТЬСЯ ДО НЕПОВНОЛІТНІХ ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

Abstract

The article is devoted to the study of various approaches to understanding the concept, content, essence, purpose and meaning of the penalty measures in legal science. Therefore, when studying this interdisciplinary legal category, the author is based on the scientific opinions of both Soviet and modern Ukrainian researchers, formulated in the doctrines of labor, administrative, criminal executive law, as well as penitentiary psychology and pedagogy. Thus, the article states that various scholars (for example, M. V. Plyukhin, M. O. Belyaev, V. F. Pirozhkov, A. V. Shamis, A. I. Vodolaz, I. D. Shumlyaeva, I. V. Martyanov, D. M. Lukyanets, P. V. Khryapinskyi, O. A. Hrytenko, I. S. Mikhalko, M. V. Romanov, Z. V. Yaremko and others) consider penalties as a means of punitive influence for non-compliance or violation of legal norms; a form of implementation of the coercion method used for committing a disciplinary offense; a negative legal consequence of the misconduct of the person who committed the misdemeanor, in the form of certain adverse measures of a moral, material or physical nature; manifestation of a negative assessment of the convict's behavior and actions, which consists in limiting the convict’s rights, worsening the conditions of his abidance. In addition, a number of scholars, including M. O. Belyaev, V. P. Artamonov, A. I. Vodolaz, O. L. Remenson, D. M. Lukyanets, I. S. Mikhalko, M. V. Romanov, Z. V. Yaremko, O. G. Kolb, V. A. Badyra and T. A. Denysova and others, consider the sanctions not so much a means of punishment but of correction and resocialization of convicts, as well as prevention of new offenses for convicts, to whom it is applied, as well as other persons. Consequently, the majority researchers recognize the penalty measures as a means of, on the one hand, punitive, corrective influence, and on the other, educational influence, emphasizing simultaneously their stimulating character, which consists in encouraging the convicted to the law-abiding behavior, and thus contributes to the correction and resocialization of prisoners. The reasonableness for this understanding of the essence and purpose of the penalty measures is also confirmed by the legislator's indication in the Criminal Executive Code of Ukraine (Part 2 of Article 1, Article 5, Part 4 and 5 of Article 123) on precisely this characteristic of these measures. Therefore, the author states that the application of the penalty measures to the juveniles sentenced to imprisonment, first and foremost, as a means of exercising educational influence on such prisoners, which, by stimulating them to the law-abiding behavior, creates conditions for their correction and resocialization.