DIRECTIONS FOR IMPROVING THE SUPERVISION OF PREGNANT WOMEN AND WOMEN WHO HAVE CHILDREN UNDER THE AGE OF SEVEN YEARS, EXEMPT FROM SERVING THE SENTENCE WITH PROBATION
Journal: International Scientific Journal "Internauka" (Vol.1, No. 148)Publication Date: 2023-08-31
Authors : Konopelskyi Viktor; Chekmaryova Iryna;
Page : 77-81
Keywords : convicted women; release from serving a sentence; probation; criminal law; supervision of those released from serving a sentence;
Abstract
The scientific article examines the norms of criminal law enforcement, regarding the supervision of pregnant women and women who have children under the age of seven who have been released from serving a sentence on probation, and directions for improving the implementation of this type of activity are investigated. It is proved that the provisions of Articles 163β166 of Chapter 26 of the Criminal Executive Code refer to the supervision of the behavior of persons exempted from serving a sentence in general, without taking into account the specifics of the exemption from serving a sentence with probation for pregnant women and women who have children under the age of seven. the features of which are related, among other things, to the state of pregnancy of the convicted woman or the presence of a child under the age of seven. Such features of women, to whom this type of exemption from serving a sentence is applied, must be taken into account in the current criminal executive legislation in terms of establishing the features of supervision of their behavior. It is argued that at the present time, Chapter 26 of the Criminal Executive Code of Ukraine includes articles 163β166, which provide for the procedure for supervision of persons released from serving a sentence with probation, the procedure for calculating the probationary period, the responsibility of persons released from serving a sentence with trials. In none of the articles currently included in Chapter 26 of the Criminal Code of Ukraine, there is no mention of monitoring of persons released from serving a sentence, so in fact the content of the chapter does not agree with the title of the chapter. To eliminate the above contradiction, we propose changing the title of Chapter 26 Criminal executive code. It is proven that it is expedient to expand the list of bodies that can be involved in social-educational work with convicts and providing assistance to those released from serving a probationary sentence, taking into account that this category also includes pregnant women or women who have children under the age of seven years, it will be relevant to include in this list also guardianship and guardianship authorities, children's medical institutions at the place of residence of the released person.
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