PENITENTIARY EXPERIENCE OF JAPAN – HISTORICAL AND LEGAL DISCOURSE

Abstract

The process of restructuring the Japanese penitentiary system, which was inherited from the shogunate, is explored. The process that took place under the sign of the reception of advanced European systems, but always with the preservation of its own identity and under the conditions of extreme Japanese pedantry. Unique in this experience is the ratio of borrowing and identity, which may be useful to the domestic legislator. Because Ukraine, in transit from the totalitarian past to Western democratic traditions, is moving in many ways on the path that has already passed Japan. The phenomenon of the social and legal stability of the Japanese state lies precisely in the harmonious unification of its own traditional particularism and the pragmatic universalism of the Western type. In addition, the inhabitants of the Land of the Ris- ing Sun are convinced that the fight against crime is not only possible, but also abso- lutely necessary, and has the hope of creating a society that is devoid of criminality. Releasing the country from crime is an idea that unites the nation, prompting it for great accomplishments, and this is also not a problem for Ukrainians.

Mastering effective foreign experience in the fight against crime is always positive, and in the conditions of the domestic crime situation is extremely necessary. Therefore, when the Japanese had an acute need for the achievements of foreign peni tentiaries, they did not hesitate to borrow the best experience, meticulously implement it in their own lives and achieve phenomenal results.