Історико-правовий аналіз виникнення та розвитку інституту умовно-дострокового звільнення від відбування покарання

Abstract

Проведено історико-правовий аналіз становлення інституту умовно-дострокового звільнення від відбування покарання, наголошено на доцільності внесення змін до кримінального законодавства щодо можливості накладання судом на умовно-достроково звільненого під час іспитового строку певних обов’язків або застосування пробації.Analysis of the current state of the national and international criminal policy shows that its defining feature is the humanization of criminal and legal repression. The priorities of this activity are a fundamental change of the existing criminal, penal legal relations and their regulation in accordance with the requirements of international and legal acts and the Constitution of Ukraine. The reform of the criminal law, as well as the implementation of existing criminal and legal norms provides the widest use of the achievements of legal science, awareness and consideration of social realities, analysis of the positive and negative experiences of the criminal and legal practice. Elaboration of legal and organizational grounds of the grant of parole from serving the punishment is distinguished by its relevance and novelty under these conditions, among many theoretical and practical problems that need to be solved. In the conditions of necessity to guarantee the constitutional rights of citizens in Ukraine, improvement of the procedure of implementing of the grant of parole from serving the punishment as a mean directed on shortening the isolation term of a convicted, if he follows a number of appropriate conditions, needs of further development. Development of the state and society leads to changes in legislation according to those priorities that are unique to a particular historical period. Since its existence the main provisions of the institution of the grant of parole have undergone many changes. Some issues of the grant of parole are studied in the papers of O.V. Daschenko, T.A. Denisova, O.O. Zhytnyi, S.I. Zeldov, L.V. Inohamova-Khegai, O.O. Knyzhenko, L.V. Kuznetsova, O.S. Mikhlin, V.V. Skybytskyi, Yu.M. Tkachevskyi and other scientists. However, their studies are partially concern the mentioned problem, because they are based on the norms of pre-existing law, and the lack of modern scientific publications reflects both its complexity and selectivity of scholars’ attention. The objective of this article is conduction of historical and legal analysis of the grant of parole that will help to define the goals, significance, legal nature and place of this institution in the system of exemption from punishment. The grant of parole from serving the punishment is originated from the English system of exile in 1842, when it was first used in Australian prison. In 1909, the Law “On the grant of parole” was adopted. It consolidated the provision of this institution at the legislative level, and it was an important step in the development of criminal policy of Russia at that time. The institution of the grant of parole continued to operate after the revolution in 1917. The history of development of the grant of parole in the Soviet period is characterized, first of all, by declaring humanistic basis, that are widely implemented in the system of stating and execution of sentences during the first year of Soviet power. Later while legislation reforming in the Soviet era one can follow the tendency of gradual narrowing destruction the practice of granting parole from serving the punishment. The consequence of this policy was the complete elimination of this institution in 1939-1940 years. Only in 1954, this type of exemption from punishment was renewed. Certain rules enshrined in law concerning the grant of parole are obligatory, as it was in the days of Tsarist Russia. This is due to the fact that the grant of parole is a manifestation of confidence by the state to the convict, providing him a certain privilege in the form of exemption from punishment before defined term; therefore the convict, in response, has to commit no new crimes, and also observe other conditions. These conditions may somewhat limit the freedom of the person granted parole, but this is a manifestation of the trust fee. Thus, the grant of parole, on the one hand, does not help the perpetrator from a punitive effect, and on the other hand is a mean of probation keeping the released person from committing new crimes.Проведен историко-правовой анализ становления института условно-досрочного освобождения от отбывания наказания, акцентировано внимание на целесообразности внесения изменений в уголовное законодательство касательно возможности наложения судом на условно-досрочно освобожденного во время испытательного срока перечня определенных обязанностей или применения пробации.