СУТНІСТЬ, МЕТА І ЗНАЧЕННЯ ЗАХОДІВ ДИСЦИПЛІНАРНОГО ВПЛИВУ, ЩО ЗАСТОСОВУЮТЬСЯ ДО НЕПОВНОЛІТНІХ ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

Abstract

The article is devoted to the study of various approaches to understanding the essence, purpose and significance of the disciplinary impact measures common in the science of criminal executive law. The author considers the scientific positions of both Soviet and modern Ukrainian researchers on the given problem. The author emphasizes that the legislator does not outline the essence and significance of the disciplinary impact measures, but only partially formulates their purpose, denoting that the objectives of the criminal executive legislation of Ukraine are to determine the procedure for applying influence measures to convicted persons for the purpose of correcting and preventing antisocial behavior (Part 2 of Article 1 of the Criminal-Executive Code of Ukraine). The article emphasizes that the system of the disciplinary impact measures, which can be applied to persons sentenced to imprisonment, is one of the means of ensuring the regime of serving the punishment, which is claimed, in particular, by such scholars as O. Dzhuzha, M. Romanov, A. Stepaniuk, S. Stefanov. Consequently, the author reveals the meaning of the regime as an established order of execution and serving of punishment, highlighting the positions of Ukrainian researchers O. Kolb and A. Stepaniuk regarding the understanding of its essence. At the same time, it is emphasized that the legislator understands the regime as one of the main means of correction and resocialization of convicts (Part 3, Article 6 of the CEC of Ukraine). The article states that the application of the disciplinary impact measures is based on a combination of the use of the method of persuasion and the method of coercion, which was pointed out, in particular, by the Soviet scholars M. Belyaev, I. Noy, M. Struchkov, Y. Tkachevsky, as well as the Ukrainian scientist A. Gel and representatives of the State Criminal-Executive Service of Ukraine. The author summarizes that the Ukrainian theoreticians of criminal executive law, namely A. Gel, S. Miroshnychenko, G. Semakov, A. Stepaniuk and I. Yakovets, summarizing the understanding of the essence expressed in legal science concerning the disciplinary impact measures, recognize them as means of stimulating convicts to obey the law. Therefore, the author states that the application of the disciplinary impact measures (that is, both incentives and sanctions) to the juveniles sentenced to imprisonment is intended to stimulate juvenile prisoners to obey the law and, therefore, to serve the purpose of correction and resocialization of the convicted, and as well as prevention of new offenses.