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LiudmylaMOSTEPANIUK,

Associate Professor, Department of Criminal Law, National Academy of Internal Affairs, Candidate of Law Sciences

IMPROVEMENT OF THE SYSTEM OF PUNISHMENTS, WHICH ARE ALTERNATIVE TO IMPRISONMENT BY THE CRIMINAL CODE OF UKRAINE

The article is devoted to the public works improvement in the draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine on Introduction of Criminal Offenses. It is established that the specified system of penalties in the current Criminal Code of Ukraine (hereinafter – CC) is characterized by the gradual increase of penalties alternative to imprisonment. Nevertheless, the current criminal law needs amendments aimed at increasing the number of sanctions providing alternative penalties and reduction of sanctions providing the penalties related to isolation of a convicted person from a society.

The draft law No. 2897 dated 19.05.2015 on Amendments to Certain Legislative Acts of Ukraine on Introduction of Criminal Offenses aims at realization of the state policy of humanization of criminal responsibility, which in the medium term will be resulted in a significant reduction of the number of convicted persons and persons who will be imprisoned, improvement of the rehabilitation of convicted persons and significant lower crime rates in Ukraine.

To implement the declared goal the Criminal Code proposes to extend the application of alternative and softer penalties to imprisonment, including public works. The widespread use of public works as an alternative penalty to imprisonment is stipulated by a number of their indisputable advantages: a) public works seem to be more adequate form of penalty for minor crimes and criminals who do not pose increased danger to society taking into consideration their personalities; b) public works are more acceptable to society because of the lack of social negative consequences peculiar to imprisonment; c) promote the rehabilitation of a perpetrator, his/her integration into society; g) is an important means of reducing the total number of prisoners who are in places of detention, enhancing the effectiveness of the corrective influence on convicted persons.

It is noted that it is logical to include public works as the primary penalty to all sanctions providing liability for minor offenses as an alternative to a fine or the corrective labor. The inclusion of public works to additional penalty, which can be applied to persons discharged from probationary liberty under supervision, will increase the effectiveness of the measures of criminal and legal influence, and will approve the implementation of justice principles and the relevance of criminal repression realization.

Key words: primary penalty, additional penalty, public works, fines, penalties that are alternative to imprisonment.

References

Bogatyrev I. G. Criminal penalties unrelated to imprisonment (theory and practice of their execution by criminal enforcement inspection): author. diss. ... doc. lawyer. Sciences: 12.00.08. Kyiv, 2006. 42 p. [ukr.]

Gerasimenko V. P. Substitution of a sentence of milder punishment for his serving under the criminal law of Ukraine: author. diss. ... Cand. lawyer. Sciences: 12.00.08. Kharkiv, 2007. 20 p. [ukr.]

Draft Law on Amendments to Certain Legislative Acts of Ukraine Concerning the Introduction of Criminal Offenses: from May 19, 2015, No. 2897. of Ukraine. Database (Database) "Legislation of Ukraine". Verkhovna Rada (BP). URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?id=&pf3511=55214 (accessed 14/12/2017). [ukr.]

Kuznetsova L. O. Criminal liability for disorderly conduct: a comparative legal study: diss. ... Cand. lawyer. Sciences: 12.00.08. Kyiv, 2011. 256 p. [ukr.]

United Nations minimum standard rules on non-custodial measures (Tokyo Rules): prin. by resolution 45/110, Gen. UN Assembly of 14.12.1990. Database "Legislation of Ukraine" / BP of Ukraine. URL: http://zakon.rada.gov.ua/laws/show/995_907 (accessed: 12/14/2017). [ukr.]

Explanatory Note to the Draft Law of Ukraine "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine on the Humanization of Criminal Responsibility": from 01.03.2007 DB "Legislation of Ukraine" / VR of Ukraine. URL:http://w1.c1.rada.gov.ua/pls/zweb2/webproc34?id=&pf3511=30911&pf35401=113003 (accessed 14/12/2017). [ukr.]

Recommendation No. R (92) 16 of the Committee of Ministers to the Member States on European rules on general sanctions and measures: dated 19.10.1992, Legislation of Ukraine / VR of Ukraine. URL: http://zakon.rada.gov.ua/laws/show/994_047 (accessed: 12/14/2017). [ukr.]

Cherkasov S. V. Criminological concept of alternative punishment measures: author. diss. ... Cand. lawyer. Sciences: 12.00.08. Odessa, 2005. 19 p. [ukr.]

Power of Law developed and published a draft Law of Ukraine on Forgiveness. URL: http://sila-prava.org/uk/news-uk/39993739. [ukr.]