Kovalchuk V. Criminal-procedural principles of prevention of offenses in the sphere of execution of punishments of Ukraine

The work clarified the essence and content of the criminal procedural principles for the prevention of offenses in the sphere of execution of punishments of Ukraine, identified existing problems in connection with this, and developed scientifically based ways to solve them. In addition, the essence and content are clarified, as well as the author's version of the concept of «criminal-procedural principles of prevention of offenses in the field of execution of punishments» is formulated, under which it is proposed to understand the social activity enshrined in legal sources, which is implemented on the basis of scientifically based and practically conditioned approaches and is aimed at solving such criminologically significant tasks that are directly and directly related to the implementation of the tasks of criminal proceedings, as well as to the neutralization, blocking, elimination, etc. of determinants that caused, conditioned and correlated the commission of a specific criminal offense in the process of execution - serving punishments. The essence and content of the research methodology of issues related to the criminal-procedural principles of crime prevention in the field of execution of punishments were also clarified, and the author's concept was formulated on this basis. Based on its content, the dualistic (dual) socio-legal nature of the criminal process is proven, during which not only the tasks of criminal proceedings defined in the law are solved, but also the tasks of criminological prevention of offenses by implementing measures of investigative prevention. In addition, a dialectical relationship and interaction of criminal-procedural and criminal-executive activities has been established due to the presence of a unifying subject for them - the need to respond to the deterministic complex of reasons and conditions that contributed to the commission of previous and new ones (during the execution process - punishments) of criminal offenses both by convicted persons and by other persons, in particular, staff of the State Security Service of Ukraine. The essence and content of coordination activities and interaction are also defined, as well as the formulated author's concept «interaction of subjects of criminal procedural activity in the context of prevention of offenses in the field of execution of punishments» should be understood as follows - this is such cooperation of the participants of the prosecution in criminal proceedings with other state bodies, including law enforcement, and local self-government bodies, as well as institutions, organizations and enterprises of various forms of ownership, which is based on legislative and other normative legal principles and is aimed at achieving the agreed goal and tasks in the field of crime prevention, which do not contradict the current legislation and do not violate the constitutional and procedural rights and freedoms of a person and a citizen. Based on this, it has been proven that the theoretical significance of the concept derived in this work is that the theory of criminal procedural and criminal activity management is enriched in this way, which can become the subject of a separate dissertation study.