Belkina D. Legal conflicts and gaps in modern criminal executive law of Ukraine

recommendations that have important theoretical and practical significance. In particular, for the first time: scientifically substantiated theoretical, legal and practical principles concerning ways of elimination of existing gaps and conflicts in the criminal-executive legislation of Ukraine are formulated. The influence of gaps and conflicts that occur in the criminal-executive legislation of Ukraine on the efficiency of the process of execution-serving of sentences is proved, namely: it is established that their presence not only reduces the effectiveness of criminal-executive activity, but also acts as one of the determinants. destabilizes the rule of law in the field of execution of punishments. In addition, the patterns of occurrence and development of gaps and conflicts in the criminal executive legislation of Ukraine were determined and the periodization of this process was carried out, namely: a) 1991–2003, when criminal executive legal relations were regulated by the VTK 1971 and departmental acts of the Ministry of Internal Affairs of Ukraine; DDUPVP; b) 2004–2014, which is related to the adoption of the KVN and its amendments and additions aimed at bringing the conditions and procedures for the execution of sentences to European standards; c) 2014 – to date – a period of active but unsystematic reforms in the field of execution of sentences; clarified the content and formulated the author's concept of «gaps in the criminal-executive legislation of Ukraine», which should be understood as complete or partial lack of legislative regulation of certain social relations that require legal regulation in the field of punishment, taking into account rule-making techniques and principles of rule-making.