Деякі проблемні аспекти виконання відбування покарання у виді арешту / Some Problem Aspects of Carrying Out an Arrest
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The article examines the contents of the main aspects of the execution of the punishment in the form of arrest. The effectiveness of the adopted legislative changes regarding the limiting measures is determined. In a democratic, law-governed state, rights and freedoms are ensured, however, sometimes it becomes necessary to restrict these rights in connection with the commission of an offense. One of the limiting punishments restricting the freedom of a person’s movement and free choice of place of residence is the arrest provided for in Art. 50 of the Criminal Code of Ukraine. The punishment in the form of arrest is to hold the convicted person in isolation and is set up for a period of one to six months. One of the hallmarks of this type of punishment is isolation from society. In accordance with the law, a person must be detained in isolation from the arrest house. However, in Ukraine no house of arrest has been set up as a separate institution yet, which is a significant problem in organizing the execution of this type of punishment. The need for the establishment of separate, full-fledged institutions for the execution of sentences in the form of arrest reveals that only arrest houses provided for by the legislator will function effectively and ensure compliance with the basic requirements of the regime. To achieve the purpose of the punishment, the convicts should be involved in work and social and educational work should be conducted with them. In 2014, changes were made to the law governing the execution of the arrest. These changes were intended to mitigate this type of punishment. However, the question arises: is the modernized arrest able to achieve the goals that were initially laid down by the legislator, when he added arrest to the system of punishment? Are those restrictive measures sufficient to correct and re-socialize a person? These questions remain open for discussion. At the same time, according to the author, this form of punishment has been distorted and it has become ineffective since it is no longer a short-term “shock” therapy for convicts.
Authors and Affiliations
Yuliia Levchuk
Keywords
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- EP ID EP628587
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