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Oleg NEKRASOV,

Judge of the Krasnogvardeisky District Court of Dnipropetrovsk, Candidate of Law

SOME ISSUES OF THE CRITERIA AND INDICATORS APPLICATION AS OF PUNISHMENT DIFFERENTIATION AND INDIVIDUALIZATION TO PREVENT THE ESCAPE FROM CORRECTIONAL FACILITIES

Article analyzes some issues of the criteria and indicators application as of punishment differentiation and individualization to prevent the escape from correctional facilities. Perspective of penal measures to prevent crimes committed by inmates while serving punishment are demonstrated in the article. The analysis is carried out through the application of individual elements of a progressive system of punishment.

The author analyzes the current penal legislation in the context of the existing three stages of correction before the imprisonment. Namely it is deprivation of freedom for determined period. Such stages include 1) “convict goes to the path of correction”; 2) “convict have already gone to the path of correction”; 3) “convict justified his/her correction”.

Author considers the lack of criteria for correction in two of the three stages of correction as the drawback of legislative regulation. Namely “convict goes to the path of correction” and “convict have already gone to the path of correction”. Only the stage “convict justified his/her correction” follows such legislative criteria. Namely it has conscientious behavior and conscientious attitude to work.

Author makes a conclusion that achievement of an appropriate stage of correction is related to the ability of legal status change towards mitigating operational rights restrictions or even their abolition.

Key words: differentiation and individualization of punishment. criteria, indicators, prevention, escape, convicted person, correction.

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