PUBLIC WORKS. PROBLEMS OF APPLICATION
Journal Title: Международный научный журнал "Интернаука" - Year 2018, Vol 3, Issue 9
Abstract
In our time, the period of reforming legislation in Ukraine, it is important to emphasize the shortcomings of the legislative system and suggest ways to improve it. Accordingly, this article provides a brief analysis of this type of criminal punishment as public works, reveals certain problems of the implementation of this type of punishment and proposes practical ways to eliminate these problems. Authors in the process of writing the article relied on statistical data of official state sources and scientific works, in which the issues of the subject matter of this article were fragmented. The legislative framework was also used. The Criminal Code of Ukraine, the Criminal-Executive Code of Ukraine, the Instruction on the procedure for the execution of sentences not related to imprisonment, and the control of persons convicted of such punishments. In the course of the study, five distinctive features of this type of punishment were singled out: the essence of the punitive element, the coercion, the essence of the work, the place of work, the procedural conditions for changing the sentence. There are 3 groups of deficiencies in the system of punishment in the form of public works: determination of the place of work, good faith of employers, working conditions. 13 measures are proposed to eliminate system shortcomings. At the end of the article, the authors, on the basis of legislation and statistics, come to the conclusion that the legislative provision of criminal punishment in the form of public works and the state of the possibility of implementing this type of punishment in general is satisfactory. At the same time, the proposed measures to reform public works will improve the state.
Authors and Affiliations
Roman Yatsyna, Maksym Kutiepov
Keywords
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