PROBATION SUPERVISION IN THE PENAL SYSTEM OF THE CRIMINAL CODE OF UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 74)Publication Date: 2024-04-30
Authors : Lutskyi Taras;
Page : 75-80
Keywords : penalty system; criminal offense; probation authorities; probation supervision; punishment; criminal liability;
Abstract
The study is devoted to the issues related to the system of punishment under the Criminal Code of Ukraine. The study revealed that the penalty system is unbalanced and does not comply with the principles of construction and existence of the national system of law. The article examines probation supervision in the general system of criminal punishment in Ukraine, and also focuses on the mechanism of application of this type of punishment. The author establishes that the problem of creating an effective system of punishment for criminal offenses in Ukraine remains one of the most relevant and important topics of modern legal science. The article substantiates that the introduction of such a type of punishment as probationary supervision is in line with the trends towards humanization of criminal liability, satisfaction of the recommendations of the European Court of Human Rights regarding the need to optimize the penitentiary system and reduce the number of convicts, and the development of a democratic state governed by the rule of law towards which we are moving. It is proved that the application of punishment in the form of probation supervision is a progressive novelty and a significant step towards the humanization of punishment for criminal offenses and misdemeanors. Probation supervision is recognized as an effective tool for protecting human and civil rights and freedoms, as it provides social and legal correction of deviant behavior of persons who have committed criminal offenses of varying severity
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