PROBLEMATIC ASPECTS OF PUNISMENT IN FORM OF PENALTY EXECUTION IN UKRAINE
Author (s):Ostapchuk L. H.
Work place:
Ph.D. in Law, Associate Professor of the Department of Criminal, Criminal and Executive Law and Criminology, Academy of the State Penitentiary Service, Chernihiv, Ukraine;
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2017 No 2(2):107-115
https://doi.org/10.32755/sjcriminal.2017.02.107
Main problems of Criminal Code of Ukraine (2001) in the aspect of improving practice of punishment in form of penalty application are analyzed. Series of lawsuits, concerning application of punishment in form of penalty towards persons, who are guilty in crimes of minor gravity, are examined. The necessity of award of punishment in form of penalty, according to the severity of commited crime, convict and his family’s financial position and the sum of convict’s salary or the other income, is grounded.
Thus, the punishment in the form of a fine is a property type of punishment which punitive influence is directed at the financial interests of the convicted person. Fine is a punishment where the usage of remedies is excluded, precisely for this reason the purpose of the fine must be determined, first of all, not by the category of committed crime, but by the degree of the person’s who committed it, criminal damage. Accordingly, the amount of punitive effects of punishment in form of fines is directly related to its size.
Key words: penalty, authorized probation body, complex of judgements, complex of crimes, judicial opinion.
REFERENCES
- Verkhovnyi Sud Ukrainy (2015), “Analiz sudovoi praktyky shchodo vykonannia pokarannia u vydi shtrafu“, Visnyk Verkhovnoho Sudu Ukrainy, Kyiv.
- Melnyk, M.I. and Khavroniuk, M.I., (2003), Kryminalnyi kodeks Ukrainy: nauk.-prakt.koment, Kannon, A.S.K., Kyiv.
- Dzhuzha, O.M., Bohatyrov, I.H. and Kolb, O.H., (2010), Kryminalno–vykonavche pravo Ukrainy, in Dzhuzha, O. M., Atika, Kyiv.
- Verkhovna Rada Ukrainy (2016), “Pro vnesennia zmin do deiakykh zakonodavchykh aktiv Ukrainy shchodo zabezpechennia vykonannia kryminalnykh pokaran ta realizatsii prav zasudzhenykh “, Vidomosti Verkhovnoi Rady Ukrainy, Kyiv.