The dissertation is the first comprehensive monographic research devoted to the issues of execution and serving of punishment in the form of imprisonment in the correctional colonies of the minimum level of security. The object of research is the social relations that arise in the process of serving prison sentences in correctional colonies of the minimum level of security. The subject of research is legal regulation of punishment of imprisonment in correctional minimum level of security.
The purpose of the dissertation is to develop scientifically substantiated provisions and recommendations aimed at improving the legislation and practice of its application in relation to the execution and serving of punishment in correctional colonies of a minimum level of safety, and developing proposals for improving the efficiency of this process.
To achieve this goal the author uses the dialectical, historical, legal, logical-semantic, logical, formal logical, statistical method expertise and other methods, approaches and receptions of scientific knowledge, a wide array of empirical data.
Theoretical and methodological foundation, historical development and foreign experience of social relationships that arise in the course of serving the sentence convicts in prisons minimum security are revealed. Particular attention is paid to the analysis of the legal rules relating to the allocation sentenced to penal institutions. It is noted that the classification of prisoners significantly affects the formation of the system of penitentiary institutions provides isolation from other prisoners who committed different degree of public danger and the nature of the crime, largely affects the formation of the system of penitentiary institutions creates the necessary conditions for the differentiation of punishment, it creates preconditions for individualization of execution of punishment.
Indicated the presence of the existence of such classification of prisoners serving sentences in penal colonies minimal level of safety: law, which has legal significance, psychological, which has pedagogical value; artificial, created for the convenience of systematization of objects, and scientific, which is based on certain features that reproduce the essence of the class (on this basis, and the classification of the convicts was built).
The results of the study formulated a number of scientific statements, conclusions and recommendations on solving problems and achieving its goals. According to the questionnaire proposals to improve certain provisions and rules of criminal law providing regulation of punishment of imprisonment in correctional minimum level of security were formulated.
In the dissertation, on the basis of theoretical achievements of scientists in the field of execution of punishment, criminal-executive law, as well as other branch sciences, existing international legal acts and domestic legislation, a comprehensive study of social relations that arise in the process of serving prison sentences in correctional colonies of a minimum level of security, formulated a number of theoretical positions, conclusions and practical recommendations aimed at the development of the system of execution of sentences, optimization of the national legislation and improve the effectiveness of penal institutions. The state of research in the field of execution of punishment in the form of imprisonment in correctional colonies of the minimum level of security has been revealed.
The theoretical provisions concerning the correction and resocialization of the convicted person serving the minimum level of security in the colony, both with the facilitated ones and with the usual conditions of detention, have been improved. It is proposed under these terms to understand the complex of state and non-state measures that are applied taking into account the type of punishment, the person condemned, the nature, degree of danger and motives of the crime committed and the behavior of the convicted person while serving the sentence.
The peculiarities of keeping prisoners sentenced to life imprisonment of women in correctional colonies of the minimum level of safety are analyzed. It is determined that in the present day in Ukraine, the above type of punishment is served only by 23 convicts, for the maintenance of which the state spends considerable monetary resources, in particular, they have built a separate section in the colony of a minimum level of security with general conditions of detention, where the said category of women has a special staff from among the administration of the colony, for which the significant amount of money is spent from the state budget, that is, the specific conditions for such convicts in the enforcement agency were created.
The results of the research are suggested to be used in further study of the process of execution and serving of sentences
