Observance of the rule of law in release from punishment

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dc.contributor.authorGorokh, Oleksiy
dc.date.accessioned2023-01-04T08:16:29Z
dc.date.available2023-01-04T08:16:29Z
dc.date.issued2022
dc.description.abstractThe principle of the rule of law is one of the comprehensive principles of law, which means it is in particular found in the field of criminal law. The specifics of the rule of law in this field is that it shapes the systems of principles of different criminal law institutes (in particular, the institute of criminal offence, the institute of punishment, the institute of the release from punishment). It should be admitted that the institute of the release from punishment has not been given sufficient attention in the research papers. The paper defines principles of the institute of the release from punishment based on the principle of the rule of law. The research is focused on the analysis of the observance of the rule of law in law-making and law enforcement in regards of the core elements of the rule of law within the release from punishment. The case study of law-making and court decisions of different countries demonstrated the aspects that do not ensure: the access to law of the convicted and the victim when the release from punishment is considered; legal uncertainty in formulating legal acts about parole; human rights for those on parole for life-sentenced prisoners; the rights of victims when the release from punishment with probation is applied, in case of amnesty or severe disease. The result of the research is the basic ‘checklist’ for law-makers and law enforcers to observe the rule of law applying the release from punishment.en_US
dc.identifier.citationGorokh O. Observance of the rule of law in release from punishment / Oleksiy Gorokh // Lawyer Quarterly. - 2022. - Vol. 12, Issue 4. - P. 349-368.en_US
dc.identifier.issn1805-840X
dc.identifier.issn1805-8396
dc.identifier.urihttps://ekmair.ukma.edu.ua/handle/123456789/24455
dc.language.isoenuk_UA
dc.relation.sourceLawyer Quarterlyen_US
dc.statusfirst publisheduk_UA
dc.subjectobservance of the rule of lawen_US
dc.subjecthuman rightsen_US
dc.subjectrelease from punishmenten_US
dc.subjectobservance of the rule of law in release from punishmenten_US
dc.subjectEuropean Court’s case lawen_US
dc.subjectarticleen_US
dc.titleObservance of the rule of law in release from punishmenten_US
dc.typeArticleuk_UA
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Кафедра кримінального та кримінального процесуального права