CURRENT PROBLEMS RELEASE FROM SERVING OF PUNISHMENT WITH PROBATION OF PREGANT WOMEN AND WOMEN HAVING CHILDREN UNDER AGE SEVEN YEARS

Abstract

The article investigates current problems of release from serving of punishment with the probation of pregnant women and women having children under age seven years (Art. 79 of Criminai Code of Ukraine). Examples from court practice showed law enforcement problems in this sphere. The solutions of problems of application of this type of release from serving of punishment with the probation promoting improvement of the legislation and stability of court practice in this sphere are shown.

On the basis of studying of the legislation, special literature and court practice the conclusion is drawn that release from serving sentence on the basis of part 1 of Art. 79 of Criminal Code of Ukraine can be applied by in case of appointment to the pregnant women and women having children under age seven years, only one primary punishment – imprisonment.

It is proved that application of part 1 of Art. 79 of Criminal Code of Ukraine to substitute mothers contradicts the legal nature of the analyzed type of release from serving of punishment with the probation. And application of provisions of part 1 of Art. 79 of of Criminal Code of Ukraine to the woman who is biological mother, but is not a pregnant woman in biological value of this word, it is necessary to regard as the wrong application to the law of Ukraine on a criminal responsibility.

The attention is focused on types of the trial periods applied to the women exempted from serving sentence on the basis of Part 1 of Article 79 Criminal Code of Ukraine and rules of their application. It is noted that when determining duration of a trial period the court has to consider specific circumstances of crime execution and personal characteristics of condemned.

Solutions of the problem connected with definition of consequence in law for the woman whom during a trial period lost pregnancy are offered or its child died.

Ways of permission of the competition of norms on release from serving of punishment with the probation of women (art. 79 of Criminal Code of Ukraine) with other norms on release from punishment are formulated.

For the purpose of elimination of ambiguous application of Part 1 of Article 79 of Criminal Code of Ukraine by vessels specific proposals on improvement of the criminal legislation are stated.