Chugaievska O. Procedure for the discharge from serving a sentence

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100045

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

18-12-2020

Specialized Academic Board

Д 26.007.05

National Academy of Internal Affairs

Essay

The thesis concentrated on the development and elaboration of theoretic ground and practical guidance regarding improvement of the procedure for discharge from serving a sentence. In the framework of the thesis, analysis and identification of the main stages of the historical development of the institution of the discharge from serving a sentence have been provided, a study of the discharge from serving a sentence institution and its place in the system of criminal law measures has been conducted, different types of discharge from serving a sentence have been classified, the ground for its application has been analyzed, the interrelated stages of the discharge from serving a sentence procedure identified, and procedure for the each type of discharge from serving a sentence has been analyzed. Based on the analysis of the scientific sources, legal and regulatory documents, author explored the procedure and identified application problems of conditional and absolute (unconditional) grounds for discharge from serving a sentence; provided general characteristics of the procedure for discharge from serving a sentence under the Law of Ukraine “On Amnesty” or Pardon Act and separated problems of the application of the mixed types of discharge from serving a sentence. In the course of this research the recommendations on improving of current criminal procedure law of Ukraine through amending the Criminal Procedure Code of Ukraine in the area of procedure and grounds for application of discharge from serving a sentence have been developed.

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