PUBLIC PARTICIPATION IN FORMATION AND IMPLEMENTATION OF THE CRIMINAL-EXECUTIVE POLICY OF UKRAINE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
In the process of the formation and implementation of both the criminal-executive policy and other components of the policy in the field of fighting crime, the primary role belongs to the state authorities, which are endowed with power by the state. Only if there is a close interaction between public authorities and non-governmental organizations can we achieve positive results in the fight against crime. The Criminal-Executive Code of Ukraine among the list of principles of criminal-executive legislation, execution of punishments establishes the principle of public participation in the activities of penitentiary bodies and institutions. This principle is one of the common law, since its manifestation can be observed in all spheres of social life, it is an integral attribute of civil society. Participation of the public in the formation and implementation of state policy, including the criminal executive, is also provided for in the subordinate normative legal acts of the Government of Ukraine. In addition to such forms of public participation in the formation and implementation of criminal-enforcement policies, such as public consultation and the functioning of relevant public councils, the activity of observation commissions is the most common form of public control over the activities of penitentiary institutions. In order to ensure public control over the observance of the rights of convicts during the execution of criminal penalties, observation commissions are established, the main form of activity of which is monitoring. Public participation in the implementation of criminal-executive policy is also carried out in the form of public influence, which is one of the main means of correction and resocialization of convicts. This tool can be applied both to persons sentenced to punishment, connected with isolation from society, and to those who carry out punishment, not connected with isolation from a society.
Authors and Affiliations
Ю. В. Кернякевич-Танасійчук
Keywords
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