Paradigm of the penitentiary system of Ukraine functioning.

Abstract

The article considers the paradigm of the penitentiary system of Ukraine functioning. The scientific positions of domestic and foreign researchers on the concept of penitentiary system are given. Thanks to a study of the genesis of the paradigm of the functioning of the penitentiary system, four main historical periods have been identified. It has been proved that it is time to transform the criminal-executive system of Ukraine into a penitentiary system. Ways of such transformation are considered. It is stated that the penitentiary system of Ukraine, as an independent sphere of scientific thought and practical activity, dates back to 1991, with Ukraine gaining its independence. By this time, it was located and developed for many centuries in various state institutions. In particular, such as; NKVS of the USSR, Ministry of Justice, Ministry of Internal Affairs, State Department for the Execution of Sentences, State Penitentiary Service. Currently, the penitentiary system is subordinate to the Ministry of Justice of Ukraine. It was noted that at the present stage, the requirements for the scientific validity of the penitentiary system of Ukraine functioning are increasing by transforming its criminal-executive system into a penitentiary one. This is also confirmed not only by theoretically domestic scientists of penitentiaries, but also by the legislative, by the development of the draft Law of Ukraine «On the penitentiary system of Ukraine». There is also an objective need to develop and implement fundamentally new or radically modernized approaches to the functioning of the penitentiary system of Ukraine. The article proved that the negative factor in the development of science is the absence of publications in which the theoretical results of evolution in the field of the «Penitentiary System of Ukraine» would be completely displayed in the form of a terminological hierarchy. The need to establish a rigid terminology system is an integral part of the paradigm of the functioning of the prison system in Ukraine. That is why the definition of the «paradigm of the penitentiary system of Ukraine functioning» remains very relevant. Based on centuries of theoretical and practical experience, it follows that the modern understanding of the paradigm of the penitentiary system of Ukraine functioning was formed under the influence of domestic scientists in the field of criminal and criminal-executive enforcement law, incorporating all their best achievements. Thus, the paradigm of the penitentiary system of Ukraine functioning is a scientific classical technology that provides a theoretical, practical and methodological understanding of the penitentiary system as a state body with organizational power to implement state policy in the field of execution of sentences and probation.