Open AccessCorrectional labor as a type of administrative penalty
Author(s) -
Mariia Hordiichuk,
Nadiia Kotenko
Publication year - 2021
Publication title -
ekonomìka, fìnansi, pravo/ekonomìka. fìnansi. pravo
Language(s) - English
Resource type - Journals
eISSN - 2786-5517
pISSN - 2409-1944
DOI - 10.37634/efp.2021.6.5
Subject(s) - coercion (linguistics) , institution , legislation , labor relations , punishment (psychology) , obligation , legislature , political science , state (computer science) , sanctions , compliance (psychology) , work (physics) , administrative law , labour law , law , public administration , psychology , social psychology , engineering , mechanical engineering , philosophy , linguistics , algorithm , computer science
. Correctional labor is one of the established measures of administrative coercion at the legislative level. Their introduction was facilitated by the development and improvement of the administrative law of the Ukrainian SSR with the aim of the qualitative implementation of the jurisdictional activities of the state. At the same time, in science, the issue of the institution of correctional labor remains controversial and controversial. This is due to the fact that the need for the existence of this institution is being criticized due to: first, the need for modern administrative law in this institution; second, the compliance of correctional labor with the goals of administrative punishment; third, the progressive development of administrative legislation.The purpose of the paper is in the study of correctional labor as one of the types of administrative penalties and the determination of further prospects for their application.Results. Correctional labor is an administrative penalty that is applied exclusively by the court to the offender, and which consists in imposing on him the obligation to be involved in work at the main place of work, for a certain period, with the deduction of a part of the wages in favor of the state. Studying the legal nature of corrective labor as a type of administrative punishment, as well as the problems of their implementation, it is concluded that this type of punishment is a relic of the Soviet era, when one of the ways to reeducate the offender was an established team, its labor activity and public reprimand within the labor collective.Conclusion. The system of administrative penalties, enshrined in Art. 24 of the Code of Administrative Offenses of Ukraine should be optimized. We propose: firstly, this type of administrative penalty, as correctional labor, should be excluded from Ukrainian legislation; secondly, instead of corrective labor, it is advisable to establish the possibility of assigning community service for committed administrative offenses.