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Criminal Executive Code of Ukraine

The Criminal Executive Code of Ukraine is a normative act that governs the procedure for serving a criminal sentence . Entered into force on January 1, 2004 , while the Executive Labor Code of the Ukrainian SSR lost its force.

Content

  • 1 Structure
  • 2 The purpose of the CPC of Ukraine
  • 3 Some general points
  • 4 References

Structure

The Criminal Executive Code of Ukraine consists of a general part, a special part and final provisions.

The general part contains one section - “General Provisions”, which regulates the legal status of convicts , bodies and institutions serving their sentences, and supervision of execution.

The special part contains 4 sections on the execution of sentences:

  1. not related to deprivation of liberty ( fine , deprivation of rank , deprivation of the right to occupy certain positions or engage in certain activities , community service and correctional labor , restrictions on military service , arrest , restriction of liberty , confiscation of property and detention in a disciplinary battalion )
  2. in the form of imprisonment
  3. in the form of life imprisonment
  4. exemption from punishment

The final provisions state when this code entered into force, which codes have expired, which laws regulate criminal law, etc.

Purpose of the Code of Criminal Procedure of Ukraine

The criminal-executive legislation of Ukraine regulates the procedure and conditions for the execution of criminal sentences in order to protect the individual, society, state from convicts, their correction and re-socialization, prevention of new crimes both by convicts and other persons, as well as prevention of illegal treatment of convicts.

The task of the Criminal Executive Law of Ukraine is to determine the principles for the execution of criminal sentences, the legal status of convicts, guarantees for the protection of their rights, interests and obligations, the procedure for applying means of influence to them in order to correct, determine the system of bodies and institutions for the implementation of sentences, their functions, supervision and control for the execution of sentences, the order and conditions of execution and serving; exemption from serving a sentence.

Some General Provisions

  1. The penal legislation of Ukraine consists of the Penal Code of Ukraine, other legislative acts and international treaties (Article 2) in those parts that do not contradict this Code (prik. Pol., P. 3).
  2. The procedure and conditions for the execution of sentences are determined and ensured accordingly to the legislation currently in force for the execution of the sentence (Article 4)
  3. The basis for the execution and serving of punishment is a court sentence, which has gained legal force, other court decisions, the law of Ukraine on amnesty and the act of pardon (Article 4)
  4. Definition of terms:
    • Correction of the convict is a process of positive changes that occur in his personality and create his willingness to self-control law-abiding behavior.
    • Resocialization of the convicted person is the conscious restoration of the convicted person in the social status of a full member of society. A necessary condition for resocialization is the correction of convicts .
  5. The main means of correction and resocialization is the established procedure for the execution and serving of sentences ( regime ), labor, social and educational work, training and social impact. These funds are used taking into account the type of punishment, the identity of the offender , the nature and degree of public danger and the motives of the crime, as well as the behavior of the convict during the serving of the sentence. (Article 6, part 3.4)

Links

  • Criminal Executive Code of Ukraine (Criminal-Viscous Code of Ukraine) (inaccessible link) (Ukrainian)
  • Criminal-Viscount Code of Ukraine (Ukrainian)
  • Commentary to the KVK of Ukraine (on zavantazhenennya) (Ukrainian)
Source - https://ru.wikipedia.org/w/index.php?title=Ukraine-Executive_Codex&oldid=100562621


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Clever Geek | 2019