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

SURZIK, Y.

doi:10.31548/law2022.03.008

Cited by 3 publications

(1 citation statement)

References 10 publications

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“…So, art. 27 (2) Constitution of the Italian Republic (1946) states that punishment may not consist in measures that run counter to humane feelings, and should be aimed at re-education (in Italian "Rieducazione") of the convict (Surzik, 2022). It is interesting that in Italy, according to the law, a person sentenced to imprisonment has the right to spend part of the day outside penitentiary institution for work, study or other activities that promote resocialization (Tavolzhansky, 2015).…”

Section: European Region Countriesmentioning

confidence: 99%

Legal Regulation Features of Convicted Persons Correction and Resocialization in Foreign Countries

2023

PJC

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The article is devoted to modern experience analysis of convict’s correction and resocialization legislative regulation issues in foreign countries. The purpose of the study is to analyze current regulations and provisions of comprehensive rehabilitation programs content for convicts to find optimal model for international experience implementation in Ukrainian legal system. The achievement of this goal was facilitated by the use of general scientific and special legal methods of scientific knowledge, in particular: comparative-legal, dialectical, formal-logical, systemic, etc. In the course of the study, the general array of regulatory legal acts was analyzed on common grounds within geographic regions, the norms for the correction and resocialization of convicts, the legislative framework for the use of integrated programs were considered, and their own conclusions were established on adapting the penitentiary legislation of Ukraine in accordance with the best practices of different countries.

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Section: European Region Countriesmentioning

confidence: 99%

Legal Regulation Features of Convicted Persons Correction and Resocialization in Foreign Countries

2023

PJC

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The impact of globalisation on constitutional processes in Ukraine: Social consequences of the adaptation of legislation of Ukraine to European standards

Rybchenko,

Kosytsia,

Pluhatar

et al. 2024

SLS

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The purpose of this study was to examine how globalisation has influenced the transformation of the legal system of Ukraine and to identify the social consequences resulting from the adaptation of national legislation to European standards. The study primarily focused on analysing how the integration of European norms has affected the development of legal consciousness and social interaction in Ukraine and the strengthening of democratic institutions and civil liberties. The study methodology employed includes comparative analysis to juxtapose the legislation of Ukraine with that of the European Union and a systemic approach to assess the complexity of legal integration. The findings indicate that the adaptation to European standards has contributed to enhanced transparency in public administration, improved legal protection for citizens, and a reduction in corruption levels. The study was emphasised that these processes have significantly influenced the development of civil society, increased legal awareness and citizen engagement, and strengthened national identity within the context of integration into global processes. Particular attention was given to issues concerning the social adaptation of the population to new legal realities associated with the adoption and implementation of European norms and standards. A crucial aspect of this study is the investigation of the impact of globalisation on the role of the state in legal regulation and the enhancement of interaction between state institutions and society. The study highlights key aspects of the transformation of constitutional processes under the influence of globalisation trends, particularly with regard to the integration of Ukraine into the European legal framework. It also addresses the social consequences of adapting national legislation to European standards, which have manifested in changes to legal culture, the strengthening of human rights protection mechanisms, and the advancement of democratic institutions

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Formation and implementation of the "right to hope" concept on the national level

RIABUSHCHENKO¹

2022

Econ. Fin. Law

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The paper describes the elements that implement and condition the "right to hope", but are the object of violation at the national level. First of all, the importance of the "right to hope" of a person imprisoned for life is emphasized, in terms of the fundamental human value – the dignity of the person. The historical retrospective of the origin of the measure of punishment in the form of life imprisonment is outlined. The interpretation of the "right to hope" in the context of Article 3 of the ECHR and the practice of the ECHR was carried out. In addition, the violation of the "right to hope" in the aspect of the lack of the right itself for a person imprisoned for life was considered. The importance of compliance with the full implementation of punishment, in the sense of correction of the convicted person, is noted, which determines the formation of the "right to hope". Attention is focused on the available mechanisms for releasing a person from serving a sentence of life imprisonment. The institution of pardon by the President of Ukraine was studied in the context of the release of persons sentenced to life terms. The compliance of this mechanism with Article 3 of the ECHR was also analyzed through the prism of the practice of the ECHR. Reports of the European Committee for the Prevention of Torture, Recommendations of the Committee of Ministers of the Council of Europe to member states were additionally analyzed. The ECHR's practice has been elaborated on parole and early release of life prisoners. The main legal positions of the Court are highlighted, in the context of the possibility of a life prisoner to be released on parole. In particular, the case "Petukhov v. Ukraine" was considered and the main remarks and instructions of the Court regarding the national mechanism for the implementation of the "right to hope" were examined. The Laws "On Amendments to Certain Legislative Acts Regarding the Implementation of Decisions of the European Court of Human Rights" No. 2689-IX dated 18.20.2022 and "On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine regarding implementation of decisions of the European Court of Human Rights" dated 18.10.2022 No. 2690-IX, which were developed back in 2020 as a normative reaction to the decision of the ECHR "Petukhov v. Ukraine".

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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

Cited by 3 publications

References 10 publications

Legal Regulation Features of Convicted Persons Correction and Resocialization in Foreign Countries

Legal Regulation Features of Convicted Persons Correction and Resocialization in Foreign Countries

The impact of globalisation on constitutional processes in Ukraine: Social consequences of the adaptation of legislation of Ukraine to European standards

Formation and implementation of the "right to hope" concept on the national level

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