СУТНІСНІ АСПЕКТИ КРИМІНАЛЬНО-ВИКОНАВЧОЇ ПОЛІТИКИ УКРАЇНИ

Abstract

The article is devoted to certain essential elements of the criminal-executive policy of Ukraine. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts regarding the perception of criminal execution policy as one of the directions of domestic activity in the execution and serving of criminal punishments are analyzed. Attention is focused on the position among scientists regarding the use of the phrase "penitentiary policy" as a synonymous or alternative category to the definition of "criminal enforcement policy". The author's position is expressed that the phrase "penitentiary policy" is not the same as the penal policy of the state, since the penitentiary component focuses on the perception of policy exclusively around the process of execution and serving of punishments in places of deprivation of liberty, which, accordingly, narrows the real mechanism of legal influence of the national criminal-executive policy, which by its nature also takes into account the specifics of the implementation of punishments not related to deprivation of liberty. The article separately analyzes such an essential aspect of criminal enforcement policy as its connection with criminal law policy. The indisputable importance of the state's criminal law policy, within which the essence of punishment, its purpose, system and types of punishment, grounds and conditions for exemption from serving it, etc. is determined, is emphasized. The author's point of view is expressed that despite the importance of criminal law policy, domestic criminal-executive is still characterized by complete autonomy, taking into account the specificity and spectrum of legal relations on the implementation of which it affects. This is primarily a determination of the legal status of convicts and employees of the criminal-executive sphere of our state. Consolidation of the procedure for serving various types of criminal punishments, conditions for release from serving the punishment, supervision and control of convicts and determination of the procedure for providing assistance to such persons, etc. Thus, the specified criteria testify to the separation and independence of the criminal enforcement policy of our state from other types of policies of the criminal justice system, taking into account the criminal law policy.