Hodlevska-Konovalova A. Prevention of malicious disobedience to the requirements of the administration of the institution of execution of punishment

The thesis is one of the first comprehensive monographic researches in Ukraine related to the content of modern problems related to the prevention of malicious disobedience to the requirements of the administration of the penitentiary institution. The paper substantiates a number of new conceptual provisions, conclusions and recommendations of important theoretical and practical significance. In particular, for the first time, 9 periods have been identified in relation to the prevention of malicious disobedience to the requirements of the administration of the Ministry of Social Affairs for the period from 1918 to 2018, the main criterion for classification of which was the normative and legal support of this process in the Criminal Code of Ukraine (hereinafter – the Criminal Code of Ukraine), namely: 1) 1918–1924; 2) 1925–1952; 3) 1953–1960; 4) 1961–1982; 5) 1983–1991; 6) 1991–1999; 7) 1999–2010; 8) 2010–2017; 9) 2017 – to date – all of this has theoretical and applied significance in substantiating the position on the abandonment of the current Criminal Code of Ukraine Art. 391, which provides for liability for this type of crime. In addition, the disposition of Art. 391 of the Criminal Code of Ukraine «Evil disobedience to the requirements of the administration of the Ministry of Health», namely, it is proposed to exclude the phrase «a person serving a sentence in the form of restriction of liberty», since this category of convicts is objectively unable to be the subject of the crime in accordance with the provisions the current criminal-executive legislation (absence of such disciplinary punishment as «transfer to a room of a chamber type (single cell or its transfer to a more severe mode of serving punishment).