Shynalsky O. Punishment in the system of remedies for counteracting criminality

The dissertation for obtaining a scientific degree of the candidate of juridical sciences in the specialty of Criminal Law and Criminology; Execution of Punishments Law (12.00.08). - Institute of State and Law named after V. M. Koretsky of the National Academy of Sciences of Ukraine, Kyiv, 2003. The dissertation is dedicated to contemporary important issues of punishment, its place and role in the system of remedies for counteracting criminality. The issues of the nature and content of punishment as a legal institution, its evolution during the process of punitive policies humanization and democratization in the conditions of formation of the Ukrainian independent democratic, social-and-law-based state are analyzed. Principles and the procedure of sentencing are scientifically analyzed in the light of formation of new criminal legislation; suggestions are given for further improvement of such legislation. In the dissertation the author characterizes main sorts of criminal punishments and their effectiveness for the purposes of counteracting criminality. The place and role of punishment as a legal institution are defined. Having taken into account fundamental provisions of the Constitution of Ukraine as well as norms and standards of the Council of Europe, the author shows that the main objective of punishment as a legal institution is the legal assurance of the protection of human and citizen rights and freedoms as well as of the public order and environment, constitutional foundations of Ukraine against criminal encroachments; maintenance of peace and security of humankind, as well as crime prevention.