关于乌克兰监狱制度改革的具体问题

О. P. Sheremeta, І. Bodnar, Ye.L. Malyshenko
{"title":"关于乌克兰监狱制度改革的具体问题","authors":"О. P. Sheremeta, І. Bodnar, Ye.L. Malyshenko","doi":"10.32755/sjlaw.2023.02.076","DOIUrl":null,"url":null,"abstract":"In the article, the authors considered the system of institutions for the execution of punishments and its constituent elements, consisting of detention centers, pretrial detention centers, special educational institutions, and open (correctional centers) and closed type penitentiary institutions. The authors identified the main current directions of its reform: to replace the punishment in the form of arrest by introducing instead of it the punishment in the form of deprivation of liberty, but for a shorter period than is currently provided by law, since the adoption of the Criminal Executive Code in 2003, this type of criminal punishment has become more liberal and turned into imprisonment for a certain period, but for short periods; to substitute punishment in the form of restraint of will by replacing it with probationary supervision with mandatory involvement in community service, since those sentenced to restraint of will are under supervision and not under guard, and the main component at the same time remains mandatory involvement in work; conducting probation supervision of persons released on parole from places of deprivation of liberty and introducing an electronic monitoring system at the place of residence of this category of persons, the authorized body on probation issues must forcibly involve them in probation programs, monitor their behavior, provide assistance in their adaptation, not the least role is played by the establishment of cooperation on control of this category with units of the Ministries of Internal Affairs of Ukraine; re-equipment of penal institutions taking into account modern approaches to engineering and technical means of protection and supervision, accommodation of convicts and their isolated detention; creation of a modern approach to the prevention of offenses by the personnel of penitentiary institutions, taking into account the modern leading model of the economic impracticability of illegal behavior. Key words: punishment, prevention, penitentiary institution, convicts, personnel, probation supervision, parole, arrest, restriction of freedom, prisoner of war camps, prisoners of war.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"PARTICULAR ISSUES ON THE REFORMATION OF THE PENITENTIARY INSTITUTIONS SYSTEM IN UKRAINE\",\"authors\":\"О. P. Sheremeta, І. Bodnar, Ye.L. Malyshenko\",\"doi\":\"10.32755/sjlaw.2023.02.076\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the article, the authors considered the system of institutions for the execution of punishments and its constituent elements, consisting of detention centers, pretrial detention centers, special educational institutions, and open (correctional centers) and closed type penitentiary institutions. The authors identified the main current directions of its reform: to replace the punishment in the form of arrest by introducing instead of it the punishment in the form of deprivation of liberty, but for a shorter period than is currently provided by law, since the adoption of the Criminal Executive Code in 2003, this type of criminal punishment has become more liberal and turned into imprisonment for a certain period, but for short periods; to substitute punishment in the form of restraint of will by replacing it with probationary supervision with mandatory involvement in community service, since those sentenced to restraint of will are under supervision and not under guard, and the main component at the same time remains mandatory involvement in work; conducting probation supervision of persons released on parole from places of deprivation of liberty and introducing an electronic monitoring system at the place of residence of this category of persons, the authorized body on probation issues must forcibly involve them in probation programs, monitor their behavior, provide assistance in their adaptation, not the least role is played by the establishment of cooperation on control of this category with units of the Ministries of Internal Affairs of Ukraine; re-equipment of penal institutions taking into account modern approaches to engineering and technical means of protection and supervision, accommodation of convicts and their isolated detention; creation of a modern approach to the prevention of offenses by the personnel of penitentiary institutions, taking into account the modern leading model of the economic impracticability of illegal behavior. Key words: punishment, prevention, penitentiary institution, convicts, personnel, probation supervision, parole, arrest, restriction of freedom, prisoner of war camps, prisoners of war.\",\"PeriodicalId\":412555,\"journal\":{\"name\":\"Scientific Herald of Sivershchyna. Series: Law\",\"volume\":\"16 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-07-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Scientific Herald of Sivershchyna. Series: Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.32755/sjlaw.2023.02.076\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Scientific Herald of Sivershchyna. Series: Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32755/sjlaw.2023.02.076","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

在这篇文章中,作者审议了刑罚执行机构系统及其组成要素,包括拘留所、审前拘留所、特殊教育机构、开放式(教化中心)和封闭式监狱机构。作者确定了当前改革的主要方向:以剥夺自由代替逮捕形式的处罚,但期限比现行法律规定的要短,自2003年《刑事执行法典》通过以来,这类刑事处罚变得更加宽松,变成了一定期限的监禁,但期限较短;以强制参与社区服务的缓刑监督代替意志约束形式的惩罚,因为被判处意志约束的人是受监督而不是看守的,同时其主要组成部分仍然是强制参与劳动;对剥夺自由场所的假释人员进行缓刑监督,并在这类人员的居住地实行电子监控制度,缓刑问题授权机构必须强制将其纳入缓刑方案,监督其行为,帮助其适应。与乌克兰内务部各单位就这一类别的管制建立合作关系,发挥了最重要的作用;考虑到保护和监督、罪犯住宿和隔离拘留的现代工程和技术手段,重新装备刑罚机构;在考虑到非法行为在经济上不可行的现代主要模式的情况下,制定预防监狱机构工作人员犯罪的现代方法。关键词:刑罚、预防、监狱机构、罪犯、人员、缓刑监督、假释、逮捕、限制自由、战俘营、战俘。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PARTICULAR ISSUES ON THE REFORMATION OF THE PENITENTIARY INSTITUTIONS SYSTEM IN UKRAINE
In the article, the authors considered the system of institutions for the execution of punishments and its constituent elements, consisting of detention centers, pretrial detention centers, special educational institutions, and open (correctional centers) and closed type penitentiary institutions. The authors identified the main current directions of its reform: to replace the punishment in the form of arrest by introducing instead of it the punishment in the form of deprivation of liberty, but for a shorter period than is currently provided by law, since the adoption of the Criminal Executive Code in 2003, this type of criminal punishment has become more liberal and turned into imprisonment for a certain period, but for short periods; to substitute punishment in the form of restraint of will by replacing it with probationary supervision with mandatory involvement in community service, since those sentenced to restraint of will are under supervision and not under guard, and the main component at the same time remains mandatory involvement in work; conducting probation supervision of persons released on parole from places of deprivation of liberty and introducing an electronic monitoring system at the place of residence of this category of persons, the authorized body on probation issues must forcibly involve them in probation programs, monitor their behavior, provide assistance in their adaptation, not the least role is played by the establishment of cooperation on control of this category with units of the Ministries of Internal Affairs of Ukraine; re-equipment of penal institutions taking into account modern approaches to engineering and technical means of protection and supervision, accommodation of convicts and their isolated detention; creation of a modern approach to the prevention of offenses by the personnel of penitentiary institutions, taking into account the modern leading model of the economic impracticability of illegal behavior. Key words: punishment, prevention, penitentiary institution, convicts, personnel, probation supervision, parole, arrest, restriction of freedom, prisoner of war camps, prisoners of war.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信