Open AccessWays to improve the enforcement of penalties and recurrence of criminal offenses
Author(s) -
Bohdan Telefanko
Publication year - 2020
Publication title -
vìsnik nacìonalʹnogo tehnìčnogo unìversitetu ukraïni «kiïvsʹkij polìtehnìčnij ìnstitut». polìtologìâ, socìologìâ, pravo
Language(s) - English
Resource type - Journals
eISSN - 2706-5626
pISSN - 2308-5053
DOI - 10.20535/2308-5053.2020.1(45).226500
Subject(s) - punishment (psychology) , legislation , criminology , criminal law , deterrence (psychology) , law , punitive damages , payment , enforcement , jurisdiction , political science , criminal procedure , business , psychology , social psychology , finance
The article analyzes the criminal law problems of execution of punishment in the form of apenalty, the reasons for evasion of convicts from paying a penalty, the role of the authorized body of the probation service. The author considers the relationship between non-payment of penalties and recidivism of criminal offenses, as well as proposes changes and additions to criminal and criminal-executive legislation. One of the features of punishment in the form of a penalty in comparison with some other types of punishment is that it can act as a punishment that can be replaced by another, and as a punishment that can be replaced by another punishment. Apenaltyis a very effective means of influencing those who have committed certain criminal offenses, primarily corruption and against property. The penalty is also one of the mildest types of punishment in relation to other types in the punishment system. In foreign countries, the fine is one of the most common types of punishment. The prevalence of fines in law and jurisprudence, methods of calculation, size, grounds and conditions of application were not unchanged and were ultimately determined by socio-economic, political, criminological and legal factors of specific historical periods. For Ukraine, this is especially important as a direction of state criminal policy.
Due to non-payment of fines by convicts and replacement of fines by courts with other punishments, as provided by the Criminal Code of Ukraine, despite the declared goal of humanization of punishments, the number of recidivists will increase and this may provoke an increase in convicts. In order to apply only voluntary payment of a fine, as provided by the legislation of Ukraine, the state and society must have a high level of trust in laws and public authorities and confidence that no illegal act will go unpunished. Therefore in the article changes are offered to the current legislation on implementation of punishment in the type of fine. But a fine cannot be seen as a means of redemption from punishment or a means of ruining the guilty. As political direction of our state is directed sdws eurointegration, accordingly under it our legislation must be tuned. Now the tendency of more humane relation goes to all spheres of activity, in particular and implementation of criminal punishments.