Open AccessContents of corrective work and problem questions of their applications
Author(s) -
Oksana Ilina
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.1.2020.61
Subject(s) - coercion (linguistics) , punishment (psychology) , relevance (law) , legislation , state (computer science) , salary , labor relations , work (physics) , criminology , political science , law and economics , law , sociology , psychology , social psychology , engineering , computer science , mechanical engineering , philosophy , linguistics , algorithm
The article is devoted to the historical and legal analysis of such type of punishment as correctional labor. In States with market relations, punishments in the form of correctional labor are not applied, and it is not easy to find out the reason for this condition. We see the relevance of our research in finding out the problems of application and execution of correctional labor.
The purpose of this article is to analyze theoretical and practical recommendations aimed at improving the legislation and practice of correctional labor, based on the study of the historical development, changes in the political, economic, legal and social situation of the Ukrainian state, to identify the place of this type of punishment in the system of criminal penalties and to determine the true content of correctional labor as a type of criminal legal impact on convicts. Correctional labor is a measure of state coercion that is applied as the main type of punishment to a convicted person who does not have a main place of work, with the deduction of part of his salary to the state’s income.
In this work, the author defines the place of correctional labor in the system of punishments of Ukraine, the range of persons to whom this punishment can be applied, as well as the categories of persons to whom it is not applied. The article raises the question of the further existence of punishment in the form of correctional labor. Theoretical and practical prerequisites point to the need to exclude this type of punishment from the system of punishments.
Prospects for further scientific research in this direction should be scientific support for the removal of correctional labor from the criminal law, which will not only prove that the legislator takes into account the realities of today, but also a significant step in the modernization of the entire system of punishments. A real alternative to correctional labor in the sanctions of articles of the Special part of the Criminal code of Ukraine may well be a fine and community service.