The article is dedicated to the analysis of the domestic legislation on release from serving a sentence in the form of life imprisonment. It has been found out that life imprisonment is the most severe type of punishment in many countries of the world. This fact leads to lively scientific and practical discussions around the legal regulation of certain aspects of its implementing and serving. The issue of release from serving this type of punishment is especially acute, as human rights organizations emphasize the lack of an effective mechanism for release from serving a sentence in the form of life imprisonment in Ukraine, which contradicts not only a number of international normative and legal acts but also the basic principles of a democratic society which should not deny a person in the opportunity to re-socialize.

A review of international norms relating to this area of legal relations is maintained. The main models of release from serving a sentence in the form of life imprisonment on the example of foreign experience are considered.

It is concluded that the current model of release from serving a sentence in the form of life imprisonment in Ukraine is inconsistent with the provisions of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the principle of humanism, and therefore has no prospects for further development and requires significant transformation, because the institution of presidential pardon is rather exceptional and does not create a really functioning mechanism of release from serving a sentence in the form of life imprisonment, but only creates additional problems in the law enforcement process. These shortcomings of the existing model of release from serving a sentence in the form of life imprisonment in Ukraine have been highlighted, in particular, by the European Court of Human Rights.

It is substantiated that the current initiatives aimed at making changes in this area at the level of normative and legal acts are an important but insufficient step to solve this problem. Therefore, the relevant amendments should be made in the Criminal and Criminal Executive Codes of Ukraine and further detailed at the sub statutory level. Making such amendments will not only allow to bring the provisions of domestic criminal and criminal-executive legislation in line with high international standards of human rights protection, but also in accordance with the Constitution of Ukraine, which is the Basic Law of our state.

Key words: life imprisonment, release from serving a sentence, pardon, legislation, foreign experience.

References

1. Ukraine (2001), Criminal Code of Ukraine: Law of Ukraine No. 2341-III, Information of the Verkhovna Rada of Ukraine, No. 25–26. Art. 131, Kyiv.
2. Ukraine (2015), On the Regulations On the Procedure for Pardon: Decree of the President of Ukraine, available at: http://zakon3.rada.gov.ua/laws/show/223/2015 (accessed 15 October 2020).
3. Ukrainian Helsinki Human Rights Union (2019), The legal position of the Ukrainian Helsinki Human Rights Union regarding the constitutionality of the provisions of Part one of Article 81, Part one of the Article 82 of the Criminal Code of Ukraine, available at: https://helsinki.org.ua/wp-content/uploads/2019/01/20190111_KSU.pdf (accessed 15 October 2020).
4. Сouncil of Europe (1950), European Convention on Human Rights: international document, Сouncil of Europe, Rome, available at: https://zakon.rada.gov.ua/laws/show/995_004 (accessed 15 October 2020).
5. European Court of Human Rights (2019), Petukhov against Ukraine: decision, European Court of Human Rights, Strasbourg, available at: https://zakon.rada.gov.ua/laws/show/974_d98#Text (accessed 15 October 2020).
6. United Nations (1966), International Covenant on Civil and Political Rights: international document, General Assembly, New York, available at: http://zakon1.rada.gov.ua/laws/show/995_043 (accessed 15 October 2020).
7. Ukraine (2003), Criminal Executive Code of Ukraine: Law of Ukraine, No. 1129-IV, Information of the Verkhovna Rada of Ukraine, No. 3–4, article 21, Kyiv.
8. Kolomiiets, N. V. (2018), “Regarding the application of conditional early release to persons sentenced to life imprisonment”, Legal Bulletin, No. 3, рр. 177–182.https://doi.org/10.18372/2307-9061.48.13204
9. Tkachova, O. V. and Pavlov, N. S. (2020), “Conditional early release from serving a sentence in the form of life imprisonment: Ukrainian realities”, Theory and practice of jurisprudence, No. 1 (17), рр. 1–.https://doi.org/10.21564/2225-6555.2020.17.206472
10. Ministry of Justice of Ukraine (2020), Valeriia Kolomiiets: The Government approved the Draft Decree of the President of Ukraine “On Amendments to the Regulations on the Procedure for Pardoning, Approved by the Decree of the President of Ukraine of April 21, 2015” No. 223”, available at: https://minjust.gov.ua/news/ministry/valeriya-kolomiets-uryad-pogodiv-proekt-ukazu-prezidenta-ukraini-pro-vnesennya-zmin-do-polojennya-pro-poryadok-zdiysnennya-pomiluvannya-zatverdjenogo-ukazom-prezidenta-ukraini-vid-21-kvitnya-2015-roku-223 (accessed 15 October 2020).
11. Cabinet of Ministers of Ukraine (2020), the Draft Decree of the President of Ukraine “On Amendments to the Regulations on the Procedure for Pardoning, Approved by the Decree of the President of Ukraine of April 21, 2015” No. 223”, available at: http://materialy.kmu.gov.ua/3d59037d/docs/d8ed94d5/Proekt_ukazu_Prezidenta_Ukrayini.pdf (accessed 15 October 2020).
12. Yevdokimova, O. (2019), “Conditional early release from life imprisonment in the law of foreign countries”, Entrepreneurship, Economy and Law, No. 10, рр. 146–. https://doi.org/10.32849/2663-5313/2019.10.24