LIFE DEPRIVAL: IMPRISONMENT IN UKRAINE

The article explores the problem of early release of life convicted persons in Ukraine. The role of the President's pardon in the mechanism of legal regulation of the release of life imprisoned persons is clarified. The case of the European Court of Human Rights «Winter v. The United Kingdom» is analyzed, explaining the provisions of Art. 3 of the Convention on Fundamental Rights and Freedoms (hereinafter — the Convention). The findings of the European Court of Human Rights (hereinafter — ECtHR) on the violation of the right to «hope» of prisoners in Ukraine in the Petukhov v. Ukraine (No. 2) case have been considered. The first court decision of May 4, 2019, of the Romany City Court of Sumy region was analyzed. It examines the current practice of national litigation on the substitution of life imprisonment. Current statistics on the President's pardon of lifers have been investigated. The correlation of national legislation with international acts ratified by the Verkhovna Rada of Ukraine is established. Weaknesses of national criminal legislation in the sphere of realization of the right to hope of lifelong prisoners were identified. The practice of foreign countries on the legal regulation of the procedure for the release of life imprisoned persons is analyzed. The conditions and grounds for the release of life imprisoned persons are found in the Criminal Codes of the different countries of the world. A critical analysis of the draft Law «On Amendments to the Legislative Acts of Ukraine on the Procedur for Imposing and Executing Sentences in the Form of Lifetime Imprisonment» was carried out. The main shortcomings of the draft law have been identified: the lack of a clear mechanism of parole for life imprisonment in the bill, as well as the existence of low provisions that require more detailed and comprehensive study and appropriate discussion in a wide range of experts and experts. The issues of regulation of coexistence of the President's pardon and parole of life imprisoned persons are investigated. A number of measures have been proposed to ensure the right to «hope» in the national legislation: assigning additional functions to the administration of the colony and probation authorities, specifying the minimum sentence to be served in the colony, setting a probationary period after the release of a person from the place of imprisonment by applying probation measures.