Open AccessAbout definition of the concept and essence of the criminal and executive policy of Ukraine
Author(s) -
Dmytro Pylypenko
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.64.58
Subject(s) - punishment (psychology) , field (mathematics) , state (computer science) , enforcement , set (abstract data type) , perception , political science , law , computer science , psychology , social psychology , mathematics , algorithm , neuroscience , pure mathematics , programming language
The article is devoted to the definition of the concept and essence of the criminal-executive policy of Ukraine. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts on the perception of penitentiary policy as one of the areas of domestic activities for the execution and serving of crim-inal sentences are analyzed. The focus is on the mandatory use of the term “criminal” when defining the concept of criminal enforcement policy, as it specifies the relevant vector of state activity. The etymology of this term as well as the term “punishment” is also studied and it is proved that the combination of these two terms is the most appropriate and correct when determining the relevant direction of domestic policy. The views of scholars on the perception of the essence of criminal-executive policy of the state as a set of key provisions, fundamental aspects that form the basic provisions of further implementation of domestic policy in the field of execution and serving of criminal sentences are analyzed. Additionally, the perception of the essence of penitentiary policy as a direction of development of scientific thought in the field of execution and serving of criminal punishments is analyzed. Based on the analyzed, the author’s approach to defining the concept and essence of criminal executive policy of Ukraine is proposed. The article considers the positions of scholars on the use of the definition of “policy in the field of execution of criminal penalties” as an alternative to the phrase “criminal-executive policy”. The key arguments of the authors regarding the assertion of this position are analyzed, in particular, the existence of state coercion as a mandatory element of state policy in this direction. The importance of the imperative method for settling le-gal relations in this area is emphasized. The author’s position is expressed that the mentioned definitions should be perceived as absolutely synonymous when defining the state policy in the sphere of execution and serving of criminal punishments.