Legal analysis in the sphere of enforcement of sentences

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Legal analysis in the sphere of enforcement of sentences

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

The article is devoted to the research of various aspects of the application of the new scientific approaches, in particular, methods of legal analysis, for effective law enforcement activities in the sphere of enforcement of the criminal sentences and qualitative practical fulfillment of punishment, which is appointed to a person by court. It is based on the reliable institutional statistics and analytics that gives the possibility to trace the relevant processes and make sound management decisions while reforming the criminal-executive system in Ukraine. The new approaches for the assessment of the probation clients and those persons, who have been already sentenced before applying the probation programmes to them, as well as the evaluation of the results of the sentences serving on the basis of the informational and analytical programmes, are offered in this article. The model example illustrates the possibility of envisaging the level of recidivism of those convicts, who have been released from serving their sentences, using the law analytics and solving the current problems related to the repeated crime. Possible ways of using the law analytics and its methods in the sphere of enforcement of the criminal sentences are considered for carrying out the research on the problematic issues and implementation of the existing legislation with the use of the obtained results, as well as the introduction of the new methods of work with the convicts and the personnel training systems. For a long time the analytical research has been used only in the exact sciences, such as mathematics, chemistry and economics. At present with the development of the civil society the connection between the law and analysts is obvious. The analytical approach provides the researchers with the division of a problem into the systemically related parts; the identification of the causal relationships; taking into the account the concomitant factors; envisaging and evaluation of the whole spectrum of the possible consequences of the taken decision. The above mentioned is characteristic both for the legal science and for the legal practice. The article is an attempt to understand the role of the analytical thinking in the law sphere, which has caused the emergence of one of the most influential modern research areas: the legal analytics. Therefore, in the informational society, in order to improve the level of development and efficiency of the legal work, as well as the political, legal and technical legal improvement of the normative and legal acts in the sphere of enforcement of the criminal sentences, it is necessary to turn actively to the legal analytics theory and practice. The Ukrainian legislator should pay more attention to the implementation and development of the legal analytics in all spheres of the public life and state administration of Ukraine, including the sphere of enforcement of the criminal sentences, which should consist of the development and continuous implementation of the various and consistent measures of the state authorities and civil society within the framework of the approved fundamentals constitutional order for creating proiper conditions for the development of the legal analytics and the use of the results, which have been obtained during this research. Such work should be done systematically. The researchers should take into account the international experience in that sphere.

Authors and Affiliations

Yevhen Barash

Keywords

EP ID EP544543
DOI -
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