ПЕНІТЕНЦІАРНІ ЗАСАДИ ВИКОНАННЯ СУДОВИХ РІШЕНЬ ЩОДО ЗАСУДЖЕНИХ В УКРАЇНІ

Abstract

The article emphasizes that the penitentiary principles of execution of court decisions against convicted persons in Ukraine are complex multifactorial processes regulated by the Criminal and Executive Code of Ukraine, the Law of Ukraine on Probation, and other regulatory legal acts. On the other hand, the legal definition of penitentiary principles for the execution of court decisions regarding convicts in Ukraine is not established, which in a certain way causes a scientific debate among domestic scientists. Revealing the content of the penitentiary principles for the execution of court decisions against convicted persons in Ukraine, it has been proven that the actualization of the further development of the domestic criminal enforcement system of Ukraine and its subsequent transformation into a penitentiary system is not just a product of a certain scientific segment, it is a recognition by society of the need for its reform and self-improvement. It is noted that the penitentiary principles for the execution of court decisions regarding convicted persons in Ukraine are generally the leading task of the state policy of the Ministry of Justice of Ukraine in the field of execution of punishments and probation, since they ensure the order and conditions for the execution and serving of criminal punishments in places of deprivation of liberty of the State Criminal and Executive Service of Ukraine (hereinafter SCES of Ukraine) and authorized bodies on probation issues of the State Institution “Probation Center” (hereinafter SI PC). Emphasis is placed on the fact that penitentiary principles for the execution of court decisions against convicts in Ukraine play an important role in the socialization, resocialization and reintegration of convicts into society after release. Moreover, penitentiary science gives the leading place in the scientific search for the transformation of the penal system of Ukraine into a penitentiary system to the penitentiary principles of the execution of court decisions regarding convicts in Ukraine. It is noted that one of the ways to improve any system is the proper regulation of the legal system of this type of activity. Against the background of the ongoing reform of bodies and institutions for the execution of punishments, we cannot bypass the latest proposals for legislation, which are supposedly aimed at “optimizing the penitentiary system, introducing new approaches to encouraging its personnel, introducing effective management of enterprises of institutions for the execution of punishments. The fact that in modern practice the penal system of Ukraine needs balanced and substantiated scientific developments aimed at convincing research conclusions, proposals and recommendations, which the Ministry of Justice of Ukraine, as the legal successor of the State Penitentiary Service, cannot fail to reckon with, we set the goal of determining the role of penitentiaries principles of execution of court decisions regarding convicts in Ukraine. This formulation of the problem is connected with the fact that convicts who, after the entry into force of a court verdict, are sent under escort (places of imprisonment) or independently (authorized body on probation) to the place of serving a criminal sentence. After arriving at the place of serving the criminal sentence, the convict must go through the registration procedure. The following tasks are solved in the article: scientific research on the definition of the concept of penitentiary principles for the execution of court decisions regarding convicts in Ukraine is analyzed; actual problems in the execution of court decisions regarding convicts who are registered with the authorized bodies on probation issues were identified, which allowed them to be united by common features and the conclusions formulated accordingly. Key words: penitentiary facilities, execution, punishment, convict, staff, places of imprisonment, probation, court decision.