ABOUT SOME HISTORICAL ASPECTS OF REFORMING THE SPHERE OF ENFORCEMENT OF SENTENCES

Abstract

The article provides a brief scientific analysis of the historical stages of the reform of the sphere of enforcement of sentences in Ukraine since 1917 to date, as well as identifying the main trends, which developed during that period and made it necessary to change the content of the criminal-executive activity at present.

As a result of generalization of the policy content on enforcement of sentences in Ukraine during the Soviet period (1917–1991), the following stages of its formation and implementation on the normative-legal and scientific (doctrinal) levels are introduced: a) the first stage (punitive and repressive) was during 1917–1953, which both in form and content should be recognized as the repressive, since the legal sources, which accompany and reflect it, as well as the practical aspects of enforcement of sentences at that time, indicate the flagrant violation of the humane principles of the execution and serving the sentences (first of all, the principle of legality, justice and avoiding the inhumane and degrading treatment of convicts, especially in the places of deprivation of liberty); b) the second stage (punitive) was during 1953–1971, which can be characterized as the partial restoration of the principles of justice and legality, as well as more active involvement of relevant specialists and scientists in reforming the sphere of enforcement of sentences; c) the third stage (punitive and corrective) was during 1971–1991, which was the time of scientific «prosperity» of the doctrinal principles of the correctional labor law, as well as creation of the scientific perspective concerning the improvement of the legal mechanism of the sphere of execution of punishment.