The state of scientific research of the problem of life imprisonment

Abstract

The state of scientific research of the problem of life imprisonment was described in the article. The current trend in the development of domestic criminal and penal enforcement legislation was found to certify the gradual process of humanization of public relations in the field of execution and serving of sentences in the form of life imprisonment and it is based on the European model of serving this type of sentence by convicts in penitentiary institutions of the maximum level of security.

Therefore, the study of punishment in the form of life imprisonment shows that in its essence this type of punishment is the strictest measure of state coercion, and its content consists in a significant restriction of the rights and freedoms of the convicted person as a person and citizen of the state, which is expressed in the highest degree of isolation, keeping mainly in cell-type premises of Correctional colonies of the maximum level of security and so on.

The study of the state of scientific research of punishment in the form of life is connected with a number of problematic issues, in particular: constant complaints of convicts about violations of their rights to the European Court of human rights; ineffectiveness of the normative legal acts adopted by Ukraine in the field of execution of sentences in the form of life imprisonment; non-compliance of the legal status of convicts in the form of life imprisonment with international standards in the field of protection of the rights of convicts in places of detention; application to convicts in the form of life imprisonment of legal restrictions which are not consistent with international standards; insignificant social protection of personnel of places of detention which carry out sentences in the form of life imprisonment, etc.

These problems have motivated us to conduct a thorough fundamental study «Penal enforcement principles for the execution and serving of a life sentence». At the same time, it is worth noting that in criminal law and penal enforcement science there is no significant number of scientific works devoted to the study of various aspects of assigning, executing and serving a sentence in the form of life imprisonment.

It is noted that in the practice of the staff of penitentiary institutions of the maximum level of security, those convicts to life imprisonment require more individual attention to themselves, due to their mental state and motives for behavior while serving this type of sentence.

Life imprisonment was found to be imposed by a court for committing particularly serious crimes and it is applied only in cases specifically provided for by the Criminal Code of Ukraine, it is worth paying attention to the court's decision, in which reasons should be reflected: why the court cannot apply another penalty to a person, who has committed such criminal offense, in particular, in the form of imprisonment for a certain period.