Pismensky E. Theoretical and Applied Issues of Release from Punishment and Its Serving Under the Criminal Law of Ukraine

Based on the law of Ukraine and of other foreign countries, on the study of domestic and foreign literature sources and also materials of law enforcement practice system of theoretical and applied issues of release from punishment and its serving (within Chapter XII of General Part of the Criminal Code of Ukraine) is researched in the manuscript. Chapter I is dedicated to the assessment of legal nature of release from punishment and its serving, place of this legal institution in the system of criminal law of Ukraine is defined. A conclusion that reforming release from punishment and its serving has to occur by means of specification and moderate formalization of appropriate law provisions is substantiated. Main criteria of determining effectiveness of release from punishment and its serving are established. Four sub institutions within unified institution of release from punishment and its serving are outlined, it is proposed to make changes in the appropriate Chapter of the Criminal Code of Ukraine based on their substance: 1) release from punishment, 2) release from serving a part of punishment, 3) substitution of punishment with a milder one; 4) deferral of punishment execution (de lege ferenda).