CORRELATION OF THE CONCEPTS OF «PUBLIC CONTROL», «PUBLIC INFLUENCE» AND «PUBLIC PARTICIPATION IN THE CASES PROVIDED FOR BY LAW IN THE ACTIVITIES OF BODIES AND INSTITUTIONS FOR THE EXECUTION OF PUNISHMENTS»

Abstract

In this scientific article, an analysis of concepts synonymous in form, which are used in the criminal law of Ukraine – «public control», «public influence» and «public participation in the cases provided for by law in the activities of bodies and institutions for the execution of punishments», as well as on the basis elucidation of their content, their similar and distinctive features, semantic meaning and role in regulating the relevant social relations that arise in the process of execution - the serving of punishments are determined.

Based on the results of the research, in addition to this, this work proves the need to improve the legal mechanism and the practice of public control over the sphere of execution of punishments, taking into account that other types of public activity (public influence, etc.) are not meaningfully aimed at the implementation of social monitoring functions in the specified the field of social relations.

In this article, with the use of general scientific and special research methods, a number of scientifically substantiated author's proposals have also been developed. Aimed at eliminating legal gaps and conflicts related to the content of public control, which is carried out by relevant public associations and authorized representatives in accordance with the procedure established by law, which is currently ineffective and such a determinant that has an extremely negative effect on the effectiveness of the specified public activity.