ЩОДО КОРЕЛЯЦІЇ ЗАСАД ВНУТРІШНЬОДЕРЖАВНОЇ СИСТЕМИ ВИКОНАННЯ І ВІДБУВАННЯ КРИМІНАЛЬНИХ ПОКАРАНЬ

Abstract

The article is devoted to defining the correlations between the principles of the domestic system of execution and serving of criminal punishments. The issue focuses on defining the links between the principles of criminal enforcement policy and criminal executive law. The article analyzes the theoretical positions of scientists who study this issue. The vast majority of scholars' positions are focused on the dominant position of domestic policy in the field of execution and serving sentences as a key element of the entire penitentiary system. Given this, the correlation between the principles of the elements of the system of execution and serving sentences is determined by giving priority to the principles of domestic policy over the principles of other elements, taking into account the direct criminal law. As can be seen, this theoretical state is due to the leading importance of the positivist concept of the origin of law, which is very common among domestic scholars. The article draws attention to the inevitable shortcomings of which leads to excessive attention to this concept. One of these shortcomings is the gradual reduction of the role of the natural law concept in society and, as a consequence, the narrowing of human rights and freedoms. The paper emphasizes that this aspect is unacceptable for a modern, democratic state in which the indisputable axiom is the proclamation of the leading role of human rights and freedoms in society and the state. Thus, under these conditions, the natural law concept should play a key role in building modern legal systems. Thus, the article defines the result according to which the correlation of the principles of the domestic system of execution and serving criminal sentences should take place with priority given to the principles of criminal executive law over all elements, taking into account the principles of domestic policy in the execution and serving of criminal sentences.