Open AccessJudicial practice of exemption from serving a sentence for a criminal offense that encroaches on security activities
Author(s) -
M. Syiploki
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.62
Subject(s) - law , criminal conviction , conviction , criminal jurisdiction , jurisdiction , criminal law , political science , criminal procedure , legislature , institution , sentence , supreme court , state (computer science) , linguistics , philosophy , algorithm , computer science
The article considers the case law on the application of the criminal law institution of exemption from serving a sentence with probation for criminal offenses that encroach on security activities in Ukraine. Emphasis is placed on the fact that the legislative regulation of security activities today contains certain gaps in terms of ensuring the protection of such activities, including criminal law.
The opinion of scientists on the problems of emergence, existence and functioning of this institute in Ukraine and abroad, in its generalized form, is analyzed.
The state of criminal proceedings by courts of criminal jurisdiction on the imposition of criminal punishment and release from serving it with probation is described. In particular, the legal position of the First Judicial Chamber of the Criminal Court of Cassation of the Supreme Court in the case № 235/689/20 on the application of the criminal law institution of exemption from probation was considered.
It is established that in view of judicial practice there are a number of inconsistencies in concluding an agreement on the application of agreed release from probation to the requirements of the Criminal and Criminal Procedure Codes of Ukraine in case of conviction for criminal offenses against security activities.
It is concluded that the growing public demand for security organizations, the need for state support and assistance in their successful operation. Emphasis is placed on the effectiveness and expediency of the institution of exemption from serving a sentence with probation in case of conviction for criminal offenses against security activities.