惩戒营拘留:乌克兰与英国惩罚的比较法律分析

V. Nesterenko
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引用次数: 0

摘要

本文致力于对乌克兰纪律营以拘留形式执行和服刑的处罚与英国军事矫正训练中心以拘留形式执行和服刑的处罚的程序和条件进行比较法律分析。对军人犯罪责任的法律规制,体现在世界各国的武装法和刑法等规范性法律文件的条款中。在俄罗斯对乌克兰主权领土进行军事侵略的背景下,乌克兰武装力量改革的现状导致对现役军人犯罪的惩罚制度进行更深入的分析,任何与使国家武装力量达到北约标准有关的问题都具有高度的公共利益和特殊意义。在乌克兰的一个纪律营和一个北约成员国武装部队的类似单位对以拘留形式执行和执行惩罚的程序和条件进行的比较法律分析,将为学者和其他有关方面提供对这类惩罚有效性的客观分析。确保这类刑罚的执行质量,并向国家立法者通报这类刑罚的现有运作模式。根据研究结果,我们提出了乌克兰惩戒营的发展方向,以及对被定罪军人进行矫正和再社会化的措施,既能满足军人自身的需求,又能保障其权益,同时也有利于军人人格上法律社会化和守法行为机制的形成。因此,强调了军人的矫正和再社会化的积极做法、累犯的数量指标、大不列颠军事矫正训练中心的物质和技术基础的特点、对立法的拟议修正案以及对以纪律营拘留形式服刑的秩序和条件进行监督和控制的其他独立主体的备选办法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Detention in the disciplinary battalion: comparative legal analysis of punishment in Ukraine and in Great Britain
This article is devoted to a comparative legal analysis of the procedure and conditions of execution and serving of punishment in the form of detention in a disciplinary battalion in Ukraine and punishment in the form of detention in a military corrective training center in Great Britain. Legal regulation of the responsibility of servicemen for committing offenses is reflected in the laws on the Armed Forces and articles of normative legal documents, such as criminal codes of different countries of the world. The current state of the reform of the Armed Forces of Ukraine against the background of the Russia's military aggression on the sovereign territory of Ukraine leads to a more thorough analysis of the existing system of servicemen' punishment for offenses committed by them, and any issue related to bringing the national Armed Forces to NATO standards is of high public interest and has a privileged significance. The conducted comparative legal analysis of the procedure and conditions of execution and serving of punishment in the form of detention in a disciplinary battalion in Ukraine and a similar unit of the Armed Forces of a NATO member country will provide scholars and other interested parties with an objective analysis of the effectiveness of this type of punishment, ensure the quality of execution of this type of punishment and inform national legislators about the existing models of functioning of this type of punishment. According to the results of this study, we proposed directions for the development of the disciplinary battalion of Ukraine, as well as measures for correction and resocialization of convicted servicemen, which will meet the needs of the servicemen themselves and ensure the protection of their rights and interests, as well as contribute to the formation of mechanisms of legal socialization and law-abiding behavior in their personality. Thus, the positive practices of correction and re-socialization of servicemen, quantitative indicators of recidivism, peculiarities of the material and technical base of the military corrective training center in Great Britain, proposed amendments to the legislation, as well as options for additional independent subjects of monitoring and control over the order and conditions of serving the sentence in the form of detention in a disciplinary battalion were highlighted.
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