CRIMINAL LAW CONSEQUENCES OF CHANGING THE PROCEDURE OF ENROLLMENT OF PRE-TRIAL DETENTION IN CUSTODY PERIOD IN THE TERM OF PUNISHMENT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article analyzes and criticizes provisions of the law of Ukraine «On amendments to the Criminal Code of Ukraine concerning improvement of the procedure for enrollment by the court of pre-trial detention period in the term of punishment» (also named as Nadiya Savchenko Act). Author distinguishes the most significant disadvantages of this law and the problems that arise in its practical application. Article explains the contents of this legal act, clarifies the issues regarding retroactivity of this law. Also, the features of consideration its provisions in sentencing and calculation of the quashing of the criminal record and in application of clemency to persons, who were sentenced to life imprisonment are noticed. The author also consider that the provisions of this Act provide unjustified benefits to persons who were detained in custody in pre-trial, because the term of detention is included in the term of imprisonment in double size. As a result, the most dangerous criminals have managed to get out of prisons much earlier or significantly reduce a term of punishment. Article points that this law causes a threat to the public security as its application can result in a significant worsening of the crime situation in Ukraine. Author also notes that the amendments adopted by Savchenko Act don’t perform scheduled tasks and cause significant harm to the public interests. Therefore there is proposed to abolish that act and revert to the previous edition of article 72 of the Criminal Code of Ukraine.
Authors and Affiliations
М. М. Туваклієва
Keywords
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