Про систему загальних засад звільнення від покарання
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Date
2022
Authors
Горох, Олексій
Коломієць, Сергій
Journal Title
Journal ISSN
Volume Title
Publisher
Evropský politický a právní diskurz
Abstract
Although the guidelines of release from punishment are required by law enforcement practice, they are not sufficiently developed in the Criminal Code of Ukraine and in legal doctrine. The purpose of the article is the doctrinal formulation of the system of guidelines of release from punishment. With the use of dialectical, systemic and hermeneutic scientific methods, the authors of the article formulated the definition of the concept of "system of guidelines of release from punishment" and, taking into account the characteristics of criminal law system objects, developed a scientifically based system of guidelines of release from punishment. It is proposed to define the system of guidelines of release from punishment in the legislation through general, group and special rules of release from punishment. It is substantiated that the general (universal) rules of the guidelines of release from punishment should apply to all types of release from punishment without exception. Such rules should become rules on taking into account: 1) the goal of release from punishment (ensuring justice); 2) legality in release from punishment; 3) provisions of the General part of the Criminal Code of Ukraine; 4) prohibitions on release from punishment of persons who have committed certain crimes. It is argued that the group rules of the guidelines of release from punishment should apply to the types of release from punishment combined into groups: 1) release from punishment in connection with the expiration of the statute of limitations for the realization of criminal responsibility (Part 5 of Article 74, Article 80 of the Criminal Code of Ukraine ); 2) release from punishment due to the impracticality of the person actually serving the punishment (Articles 75, 79 of the Criminal Code of Ukraine); 3) release from punishment in connection with the correction of a convicted person (Articles 81, 82 of the Criminal Code of Ukraine); 4) exemption from punishment in connection with the state of health of the convicted person (Part 1 of Article 83, Article 84 of the Criminal Code of Ukraine). It has been proven that, taking into account the general and group rules of release from punishment, the courts should apply special rules of release from punishment for minors, in the case of a combination of crimes or sentences, on the basis of an agreement on reconciliation or admission of guilt.
Description
Keywords
release from punishment, guidelines of release from punishment, system of guidelines of release from punishment, special rules of release from punishment, стаття
Citation
Горох О. П. Про систему загальних засад звільнення від покарання / Олексій Горох, Сергій Коломієць // Evropský politický a právní diskurz. - 2022. - Vol. 9, Issue 5. - Р. 81-96. - https://doi.org/10.46340/eppd.2022.9.5.6