THE SIGNIFICANCE AND PURPOSE OF THE SENTENCES OF SENTENCES

Abstract

The article analyzes the nature and importance of serving prisoners. The content of the purpose of serving the convicted prisoners was revealed. The features of the investigated category are revealed. The specifics of the purpose of serving prisoners are described. Attention is drawn to the fact that in revealing the notion of serving prisoners in certain territories, for example in the temporarily occupied territories of Donetsk and Luhansk regions, the convicted persons should first of all understand the persons to whom such penalties are applied, such as imprisonment for a term of imprisonment and life imprisonment. It is noted that some of the scholars who are serving sentences in the temporarily occupied territories of Donetsk and Luhansk regions include: 1) persons who have been sentenced but whose sentence did not come into force before the start of the anti-terrorist operation; 2) persons who were not sentenced but whose case was in the court of first instance; 3) persons subjected to pre-trial investigation at the time of the start of the anti-terrorist operation; 4) persons who have been detained and / or convicted by members of illegal armed groups. The status of each of the groups of convicts listed is different. The author notes that the physical and moral suffering of the convicted person is in fact the inevitable consequences of the use of punishment, but is not its purpose, which is contrary to the current approach to understanding the purpose of punishment - punishment does not aim to inflict suffering on the offender, but the purpose is different. At the same time, in the Criminal Code of Ukraine of 11.07.2003 № 1129-IV this issue is considered somewhat differently, due to the fact that the Criminal Code of Ukraine regulates the purpose of punishment, while in the Criminal Code - the purpose of serving the sentence. It is concluded that one of the purposes of serving prisoners in the temporarily occupied territories of Donetsk and Luhansk regions is to use them in the interests of self-proclaimed in certain areas of these areas of power. Attention is drawn to the fact that essentially no re-socialization takes place.