Makhinchuk V. Adequacy of the criminal punishment as a phylosofical and legal problem

Об'єкт дослідження - penalty as a phenomenon of concrete historical context of social being and definition criteria of its adequacy. Мета дослідження - development of a complex approach to definition of the notion "criminal penalty adequacy" and working out of the offers on improvement of the applicable legislation based on this notion. Методи дослідження та апаратура - historical legal, modeling, system-structural, system-dynamic, method of comparative jurisprudence, sociogenetic method, system method. Наукова новизна - classification of penalty manifestation forms has been improved, penalty adequacy structure has been suggested, penalty adequacy levels have been studied in detail and criterion scale has been determined for each level. The entire definition of penalty adequacy has been formulated; attempt to formulate of measures system of purposeful formation of guarantees (conditions) for ensuring of penalty adequacy has been taken for the first time; offers on improvement of a legal base directedto formation of legislative guarantees have been developed that makes it possible to ensure penalty adequacy at the legislative level. Практичні результати і новизна - substantiation of sociocultural analysis of functioning of penalty institution for the purpose of finding of objective criteria for determination of penalty adequacy. Study of penalty institution in the context of organization of social being and revelation of principle logic mechanisms of genesis as the entire state penalty system on the whole and penalty institution in particular; elaboration of alterations and additions to the applicable legislation for the purpose of securing of the appropriate regulations related to penalty adequacy at the legislative level. Предмет і ступінь впровадження - system approach to definition of a criminal penalty adequacy as well as adequacy levels and legislative guarantees of penalty adequacy in the draft have been realized. Ефективність впровадження - the draft of the Law of Ukraine "On alterations and additions to the Criminal Code of Ukraine" (No. 9102) based on thesis research results has been submitted to Verkhovna Rada of Ukraine and registered in accordance with established procedure. Сфера використання - scientific research , legislative activity, studing process.