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Victoria SHPILYAREVIC,

Lecturer, Department of Criminal Law, Vasyl Stefanyk Precarpathian National University, Candidate of Law

CRIMINAL LEGAL POLICY IN THE SPHERE OF SECURITY MEASURES: CONCEPTS AND WAYS OF IMPROVEMENT

The article examines the definition of criminal legal policy in the sphere of applying security measures as part of the criminal legal policy of Ukraine and ways of its improvement. In particular, the author draws attention to the content side (the subject) of criminal legal policy in the sphere of implementation of security measures, which is defined by the tasks, which are standing towards it. In its turn, the tasks of examined side of penal policy in the sphere of applying of security measures, defined by the goals assigned to it, which can be divided into material and legal.

Considering the sources of penal policy in the field of implementation of security measures, the author states that in addition to the sources that are typical for the penal policy of Ukraine, it is necessary to define one more source that has not been analyzed by scientists before. This source are the decisions of the European Court of Human Rights, especially those where Ukraine was a side of the case.

To the improvement of penal policy of Ukraine in the field of security measures, the author considers the necessary of implementation to the criminal legislation of Ukraine some essential changes and amendments in order to implement the institute of security measures. The changes and amendments should be the harmonization between the articles of criminal legislation of Ukraine. This efforts should made the proper implementation of the measures stated above on legal practice.

As a conclusion the author emphasizes that modern penal policy in the sphere of security measures characterized by the following features: a) the humanization of the institute of security measures and its practical implementation; b) the democratization of security measures as one form of criminal legal measures aimed to counteract at crime; c) the provision of law and social justice in the implementation of the institute of security measures; d) the approval of the judiciary system, increasing the independence and role of the courts, as the only body authorized to decide about the implementation of a measure of security; e) the use of universal human values and the achievements of world civilization in criminal procedure, as a result of implementation of security measures.

Key words: criminal legal policy of Ukraine, penal policy in the field of security measures, security measures, the European Court of Human Rights, compulsory medical measures, compulsory treatment.

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