Vynarchyk O. The system of penalties under the Polish Criminal Code of 1932 and their application in the western Ukrainian lands

In the dissertation on the basis of the analysis of the normative-legal acts in force in the western Ukrainian lands in the studied period, scientific literature, archival documents and other written sources the system and types of penalties under the Polish Criminal Code of 1932 and their application in the western Ukrainian lands as part of the Republic of Poland (1921-1939) are comprehensively investigated. The analysis of historiographical material on the research topic is carried out, the particularities of the development of the outlined problems are clarified. The classification of the array of historiographical literature according to the problem-chronological criterion for four periods is carried out. The source base of the research is characterized, which includes normative-legal acts, published materials and unpublished documents from archival collections. The political and legal preconditions for the development and adoption of the Polish Criminal Code of 1932 are highlighted. It is found that the process of codification of the criminal law of interwar Poland took place in several stages. The types of penalties under the Polish Criminal Code of 1932 are revealed, their essence, content, features, order of application and execution are covered. The effectiveness of the work of the codification commission and the doctrinal syntheticity of the legal act adopted as a result of systematization of interwar criminal law are stated. Special attention is paid to the opinions of the members of the Codification Commission on the need for appropriate penalties, the expediency of their application. It is found that the provisions of the code did not provide for the definition of the concepts of crime, punishment, responsibility, the subject of the crime, and such could be «built» taking into account its requirements. In the context of reforming the criminal legislation of Ukraine, it is proposed to pay attention to the experience of terminological clarity of the norms of the Code, legal techniques in general, the appointment and replacement of penalties, as well as ways and conditions of exemption from serving such.