About the System of Guidelines of Release From Punishment

Gorokh, Oleksiy; Kolomiets, Serhiy

doi:10.46340/eppd.2022.9.5.6

eppd

2022

DOI: 10.46340/eppd.2022.9.5.6

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About the System of Guidelines of Release From Punishment

Oleksiy Gorokh¹,

Serhiy Kolomiets²

Abstract: 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… Show more

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Тhe concept of constitutionalism and its transformation in the conditions of war

Martseliak,

Martseliak

2023

The Journal of v. N. Karazin Kharkiv National University, Series "Law"

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Entry. Constitutionalism belongs to those fundamental legal values that have a complex and multifaceted legal nature, which puts on the agenda a wide range of praxeological challenges regarding the understanding of its phenomenology, the determination of new directions of its development in Ukraine in the conditions of war with the Russian aggressor. Short list of main results. The exploration of the scientific positions of domestic and foreign scientists regarding the understanding of the legal nature of constitutionalism leads to the conclusion that its phenomenology should be considered through the prism of such aspects of its understanding as form, content and essence. In the conditions of war, constitutionalism, as a public legal system of the constitutional organization of a democratic society and the state, needs some modifications, which can be solved only by those legal methods and methods that will help preserve the balance between the interests of the state and its individual citizen, those constitutional democratic tools, which will not disrupt the process of exercising state power, will preserve the stable development of the entire legal system of Ukraine. Conclusions. The modern science of constitutional law should develop a doctrinal approach and mechanism that would ensure, on the one hand, the permanence and stability of the category of the only existing constitutionalism, which makes it impossible to have double standards of understanding for the choice of values in peacetime and wartime, and on the other hand, to doctrinally substantiate the needs and ways reforming the domestic mechanism of public power, ways to ensure human rights in the conditions of martial law.

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Тhe concept of constitutionalism and its transformation in the conditions of war

Martseliak,

Martseliak

2023

The Journal of v. N. Karazin Kharkiv National University, Series "Law"

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Decision of the Constitutional Court of Ukraine on the Constitutionality of Articles 81, 82 of the Criminal Code of Ukraine in the Practical Use of the European Court of Human Rights

SURZIK¹

2022

Law. Human. Environment

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The relevance of the study lies in the assessment and analysis of the decision of the Constitutional Court of Ukraine on the application of the provisions of Articles 81, 82 of the Criminal Code of Ukraine, which are unconstitutional because they violate the personal rights of those sentenced to life imprisonment because they cannot be applied. The decision on unconstitutionality is commensurate with the convention requirements due to the practice of the European Court. The purpose of the study is to examine the specific features of the decision of the Constitutional Court of Ukraine regarding the compliance of articles of criminal legislation with the Constitution of Ukraine, to analyse the functioning of the institution of clemency in international experience, to examine the practice of the European Court of Human Rights regarding the parole of persons sentenced to life imprisonment. The methods used to examine the subject are: comparative, legal recognition, logical and legal, hermeneutical, analysis methods. Among the results of the study are the determination of the fact of violation of the constitutional rights of convicts due to the lack of prospects for release from punishment; characteristics of the court's decision on the admissibility of the provisions of criminal legislation, considering convention requirements; disclosure of human rights violations by comparing life imprisonment with the end of a person's life cycle; analysis of the practice of the European Court regarding the Prohibition of the use of life imprisonment. The paper also suggests ways to solve these problems. It is proved that the decision of the Constitutional Court of Ukraine satisfies the Convention requirements. The provisions disclosed in the study will be useful for analysing court decisions and creating recommendations for overcoming gaps in criminal legislation to harmonise it with the Constitution of Ukraine and comply with its obligations to protect human rights and dignity.

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Epistemological Development of Administrative-Legal Principles in Research on Law Enforcement Agencies

Sopilko,

Tokarieva

2023

JILC

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This research delves into the evolving epistemological foundations of administrative-legal principles within the domain of law enforcement agencies. A meticulous analysis of over 200 scholarly works, with a specific focus on more than ten dissertations, has been conducted to illuminate the essence and content of activities undertaken by law enforcement agencies. The study offers a comprehensive un-derstanding of administrative-legal principles, encompassing their functions, forms, methods of opera-tion, and their legal underpinnings as reflected in sectoral legislative acts. The investigation explores the concept of „administrativelegal principles” and establishes its intricate interrelations with key cate-gories in administrative law, such as „principles of administrative law,” „legal regulation,” and „admin-istrative-legal norms.” Findings reveal that administrative-legal principles form a cohesive system in-fluencing the functions, forms, and methods of operation employed by law enforcement agencies. Key outcomes of the study emphasize the paramount importance of delving into administrative-legal principles within the specific context of law enforcement agencies. A nuanced examination of their functions, forms, and methods of operation underscores their critical role. This research advocates for understanding administrative-legal principles as foundational elements of administrative law, shedding light on their pivotal function in regulating the multifaceted activities of law enforcement agencies.

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About the System of Guidelines of Release From Punishment

Cited by 4 publications

References 0 publications

Тhe concept of constitutionalism and its transformation in the conditions of war

Тhe concept of constitutionalism and its transformation in the conditions of war

Decision of the Constitutional Court of Ukraine on the Constitutionality of Articles 81, 82 of the Criminal Code of Ukraine in the Practical Use of the European Court of Human Rights

Epistemological Development of Administrative-Legal Principles in Research on Law Enforcement Agencies

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