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OleksiyGOROKH,

Lawyer, Associate Professor, Department of Criminal and Criminal Procedure Law, National University of Kyiv-Mohyla Academy, Candidate of Law

RELEASE FROM SERVING OF PUNISHMENT WITH THE PROBATION FOR CRIMESCONNECTED WITH USE OF SOCIALLY DANGEROUS OBJECTS

The article investigates problems of release from serving of punishment with the probation for crimes connected with use of socially dangerous objects. On the basis of studying of special literature the conclusion is drawn that problems of application of release from serving of punishment with the probation for separate types of these crimes are investigated insufficiently. Theoretical and applied problems of accounting of the facts of the case by court are covered at the solution of a question of a possibility of the correction condemned for these crimes without serving of the imposed sentence.

For achievement of the goal of a research 974 judgments made by courts of Ukraine during 2006–2018, in which vessels concerning convicts for crimes connected with use of socially dangerous objects (in particular, part 2 of Art. 260, part 1 of Art. 263, part 4 of Art. 296, part 3 of Art. 307, part 3 of Art. 309 of Criminal code of Ukraine) were studied, the issue of application of Art. 75 of Criminal code of Ukraine was resolved. Establishment of circumstances which characterize weight of crime, the identity of the guilty person and other facts of the case considered by vessels at application of Art. 75 of Criminal code of Ukraine on this category of affairs became result of the carried-out analysis.

Studying of court practice showed that release from serving of punishment with the probation for the analyzed crimes is applied mainly to convicts, which: committed the crime which is not especially heavy, for the first time; in a sober state; without use dangerous of weapons, tools and means of crime execution; carried out at crime execution in partnership an inactive (minor) role; did not cause to the victim of heavy consequences; voluntarily paid sustained losses (eliminated the done harm) and the victims do not insist on strict punishment; admitted guilt and really frankly regretted; actively promoted crime detection; works (training) is positively characterized at the place of residence; work (study); really support minor children or disabled parents; suffer on different heavy diseases.

Examples from court practice showed law enforcement problems in this sphere.

Key words: crimes connected with use of socially dangerous objects, release from serving of punishment with the probation; release from serving of punishment with the probation for crimes connected with use of socially dangerous objects.

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