ПОНЯТТЯ, СУТНІСТЬ І ЗНАЧЕННЯ ЗАОХОЧЕНЬ, ЩО ЗАСТОСОВУЮТЬСЯ ДО ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

Abstract

The article is devoted to the study of various approaches to understanding the concept, content, essence, purpose and significance of incentives in legal science. Therefore, in studying this legal category, which is interdisciplinary and complex, the author was based on the scientific positions of both Soviet and modern Ukrainian researchers, established in the general theory of law and such legal sciences as labor, administrative, criminal and criminal executive law. Consequently, the article highlights that the various scholars view incentives as an act of approval and recognition of merit; as a peculiar form of positive assessment and reward of useful (honest, lawful) behavior associated with excessive performance of one's duties; as a means of stimulating law-abiding behavior of convicts, which serves the purpose of their further correction and resocialization. The latter interpretation is quite broad and unanimously substantiated in the science of criminal executive law. Thus, in general, the stimulating value of incentives is emphasized, in particular, by such scholars as the representatives of the theory of law V. M. Baranov, O. V. Malko and O. O. Barabash, Soviet theorists of labor law O. I. Zaretska and S. S. Karinskyyi as well as Soviet and Ukrainian researcher of labor law O. T. Barabash, representatives of Soviet science of correctional labor law F. R. Sundurov, I. A. Tarkhanov, Y. M. Tkachevskyyi as well as Ukrainian theorist of criminal executive law O. M. Dzhuzha. Moreover, on the influence by the application the measures of incentives on the stimulation of law-abiding behavior of convicts and, consequently, their further correction and resocialization emphasize their attention such scholars in the field of criminal executive law, as Soviet researchers M. A. Yefimov, V. P. Artamonov, as well as Ukrainian scholars O. G. Kolb, P. V. Khryapinskyyi, N. B. Khlystova, N. V. Kolomiyets, Z. V. Yaremko. The author also adheres to this scientific position in understanding the nature, purpose and significance of the measures of incentives and believes that they are primarily intended to stimulate further law-abiding behavior of persons sentenced to imprisonment, including juveniles, with the purpose to correct and resocialize them, as well as prevention of further commission of new offenses both by the convicts themselves, to whom the measure of incentives was applied, and by other persons.