The principle of mutual responsibility of the state and the convicted in criminal and executive law of Ukraine

Abstract

The article is devoted to defining the essence of the principle of mutual responsibility of the state and the convicted person in the criminal and executive law of Ukraine. The positions of scientists in relation to this principle are analyzed. Attention is focused on the imperative method as generally recognized among scientists for determining the content of the principle of mutual responsibility of the state and the convicted. It is emphasized that the imperative method mostly gravitates to the sphere of regulation of the practical activities of the employees of the criminal enforcement service, rather than to the definition of mutual responsibility as a legal basis. It is noted that this principle belongs to the category of sectoral and is characterized by the interpretation of responsibility in its structure in a broad sense. Such responsibility is characterized by negative and positive elements. The negative element in such a construction concerns the person of the convicted person in the context of determining the nature of his responsibility for the committed crime. The positive element concerns both the convicted person and the representatives of the criminal enforcement service. The positivity of responsibility is characterized by the encouraging and preventive structure of its structure. The incentive component is reflected in the norms of criminal enforcement law, which in a positive context record the consequences of the behavior of persons serving a sentence, as well as the activities of employees of the criminal enforcement service. The preventive component is reflected in the definition within the law of regulatory constructions that have a preventive and deterrent effect on both convicts and employees of penal institutions in the context of their compliance with the norms of domestic legislation. The factor of reciprocity in the determination of the specified branch principle in no way indicates the literal responsibility of the convicted before the representatives of the state in the person of the employees of the criminal enforcement service and vice versa. Reciprocity means the inevitability of responsibility before the state both on the part of the representatives of the criminal enforcement service and convicts who are serving their sentences in penal institutions.