Although the guidelines of release from punishment are required by law enforcement practice, they are not sufficiently developed in the Criminal Code of Ukraine and in legal doctrine. The purpose of the article is the doctrinal formulation of the system of guidelines of release from punishment. With the use of dialectical, systemic and hermeneutic scientific methods, the authors of the article formulated the definition of the concept of "system of guidelines of release from punishment" and, taking into account the characteristics of criminal law system objects, developed a scientifically based system of guidelines of release from punishment. It is proposed to define the system of guidelines of release from punishment in the legislation through general, group and special rules of release from punishment. It is substantiated that the general (universal) rules of the guidelines of release from punishment should apply to all types of release from punishment without exception. Such rules should become rules on taking into account: 1) the goal of release from punishment (ensuring justice); 2) legality in release from punishment; 3) provisions of the General part of the Criminal Code of Ukraine; 4) prohibitions on release from punishment of persons who have committed certain crimes. It is argued that the group rules of the guidelines of release from punishment should apply to the types of release from punishment combined into groups: 1) release from punishment in connection with the expiration of the statute of limitations for the realization of criminal responsibility (Part 5 of Article 74, Article 80 of the Criminal Code of Ukraine ); 2) release from punishment due to the impracticality of the person actually serving the punishment (Articles 75, 79 of the Criminal Code of Ukraine); 3) release from punishment in connection with the correction of a convicted person (Articles 81, 82 of the Criminal Code of Ukraine); 4) exemption from punishment in connection with the state of health of the convicted person (Part 1 of Article 83, Article 84 of the Criminal Code of Ukraine). It has been proven that, taking into account the general and group rules of release from punishment, the courts should apply special rules of release from punishment for minors, in the case of a combination of crimes or sentences, on the basis of an agreement on reconciliation or admission of guilt. Keywords: release from punishment, guidelines of release from punishment, system of guidelines of release from punishment, special rules of release from punishment.

The topic of human rights in the aspect of relations between the state and addicted patients (and in general relations in the sphere of circulation of drugs) remains scantily explored for modern Ukraine, which actualizes further scientific research. The purpose of the article is to determine the authors’ vision of compliance with international human rights standards of the legal anti-drug prohibitions established by the state. To achieve this goal, using the historical-legal, comparative, dialectical, systemic, hermeneutic, sociological methods and legal method of cognition, national and foreign legislation was critically analyzed, international experience in implementing various models of anti-drug policy was studied, and proposals for the draft of a new Criminal Code of Ukraine were formulated. The authors pay special attention to the problems of protecting the rights of drug addicts, legal liability in the field of drug trafficking, legalization of drugs for non-medical needs and compulsory treatment of drug addicts.

The appearance of new criminal law institutes in the legislation requires scientific justification. The purpose of the article is to determine the author’s vision of the probation institution model in the draft of the new Criminal Code of Ukraine. In order to achieve the set goal, using historical legal, comparative, dialectical, systemic, hermeneutic, and other methods, international standards of treatment of offenders, the national and foreign legislation, doctrinal provisions were analyzed, formulated proposals for the project of the new Criminal Code of Ukraine were highlighted.According to the results of the conducted research, the provisions of the legal institution of probation in the project of the new Criminal Code of Ukraine have been scientifically substantiated. The considerations that guided the working group on the development of new criminal legislation when formulating new legislative provisions are given. The definition of the concept of probation and means of probation is substantiated, and the persons to whom probation is applied are outlined. Arguments are given regarding the expediency of establishing the general principles of probation and the rules for canceling, changing or supplementing probation measures. The duration of probation for different persons, as well as the legal consequences of probation, are determined.Probation as a criminal legal tool is a control, corrective and supervisory tool defined by the criminal law, which involves restrictions on the exercise of human rights or freedoms and is applied by the court to a person convicted of a crime, with the aim of ensuring the safety of society and encouraging this person to obey the law. At the same time, probation as a criminal law institution is an externally designed structural element of the field of criminal law (its General part), which constitutes a system of criminal law norms designed to comprehensively regulate social relations arising between the state and a person convicted of a crime, with the aim of ensuring society and encouraging this person to obey the law.The system of means of probation is a complex integrated complex of socially determined, qualitatively defined, interconnected and interacting elements, which have an integral structure. According to the content and functionality, the working group proposes to combine the means of probation into three groups: 1) control; 2) corrective; 3) supervisory.The positive consequences of probation in the form of non-fulfillment of the prescribed punishment occur for the person who behaved positively during probation. Probation has proven its effectiveness in practice, as more than 90 % of convicts to whom it is applied have positive consequences. The negative consequences of probation arise in connection with a person’s negative behavior and are differentiated for different categories of persons.

Reforming criminal law leads to the emergence of new or improvement of existing legal institutions, which actualizes the conduct of thorough research. The purpose of the article is seen in the definition of the author’s vision of the model of the institution of release from punishment in the draft of the new Criminal Code of Ukraine. To achieve this goal using historical and legal, comparative, dialectical, systemic, hermeneutic and other methods, we critically analyzed national and foreign legislation, doctrinal provisions, and highlighted the proposals for the draft of the new Criminal Code of Ukraine.According to the results of the study, the main novelties of reforming the legal institution of release from punishment are substantiated. The considerations guided by the working group on the development of the new criminal legislation in formulating new legislative provisions are given. The necessity of changing the terminology of the institute of release from punishment is proved. The expediency of enshrining in the legislation new sub-institutions of the institute of release from punishment is substantiated: non-sentencing; non-execution of the sentencing; deferral of execution of sentencing; suspension of execution of punishment. Arguments concerning expediency of optimization of the system of types of release from punishment are resulted. It is argued that the institution of release from criminal liability is inconsistent with the principle of presumption of innocence. In this regard, the expediency of transforming this legal institution into an institution of release from punishment has been proven. The ways of systematization of types of release from punishment provided in the legislation of the criminal block are defined. The types of release from punishment have been systematized taking into account the stage of criminal proceedings. The way of solving the problem of ensuring the system of external relations of the system of types of release from punishment within the legislation of the criminal bloc is highlighted. A new vision of amnesty and pardon regulation is proposed.The urgency of improvement in the new legislation of legal regulation of the types of release from punishment tested in practice is argued: in connection with the expiration of the statute of limitations; release from serving a probation sentence; parole.Demonstrated as positive obligations of the state in the field of human rights have influenced the design of provisions on exemption from punishment for illness, parole, amnesty. Legislative proposals have been made to settle the issue of early release of convicts sentenced to life imprisonment.