Bodiul Y. The legal and organizational framework for punishment execution in open type penitentiaries

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U003026

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

23-05-2005

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

The dissertation provides a multidimensional research of legal and organizational framework for punishment execution in open type penitentiaries. The study looks at the origins and development of open type penitentiaries in Ukraine. Characteristics of criminal punishment in the form of custodial restraint and its contents and essence are further characterized using systemic approach. The role of open-type penitentiaries within the system of correctional bodies and institutions and the major purposes of such penitentiaries are for the first time discussed from the theoretical perspective. Punishment in the form of custodial restraint is compared with other types of criminal measures used in open type correctional institutions. The study discusses the procedure for and conditions of punishment execution in the form of custodial restraint and looks at the possible ways of their improvement. The personal profile of convicted individuals serving sentences in open type penitentiaries is outlined, followed bydiscussion of their legal status. The study is distinctively practice-oriented with application opportunities provided through a set of evidence-based guidelines and proposals implemented in the Draft Provision on Correction Centres.

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