Hrytenko O. Theoretical-legal conceptual principles of a progressive system of execution and serving a custodial sentence

The thesis is the first special complex research in domestic science of criminal executive law of the institute of progressive system of execution and serving a custodial sentence for a certain term, carried out on the basis of the maintenance and tendencies of reforming the correctional labor (criminal executive) legislation from post-Soviet times till today, generalized analysis and identification of tendencies in the doctrinal interpretation of the essence, features, purpose of this institution. The thesis proposes to consider the institution of a progressive system of execution and serving a custodial sentence as a socio-legal phenomenon, which is the result of long theoretical discussions, law enforcement experience, constant reform and improvement of legislation, the effectiveness of which provides consistency of legal provisions. identification of a certain set of criminal-executive norms, which would reproduce the application peculiarities of various forms of change of detention conditions during serving a sentence, elimination of contradictions in the content of the convicts’ legal status which various forms of progressive system are applied; serving a custodial sentence. It is examined the current tendencies in reforming of system of execution of punishment system in Ukraine. The analysis of tendencies in definition of criteria and indicators of efficiency of institutions on execution of custodial sentence for a certain term, the realization mechanism of correctional process is carried out. The essence of international legal standards and international experience in the field of application of progressive system of execution and serving a custodial sentence is clarified. The peculiarities of the state of research of the progressive system of execution and serving of a custodial are established. The content, essence, purpose, direction, concepts, signs, forms of the progressive system are determined. The generalized theoretical aspects of material bases of application of various forms of progressive system of execution and serving of a custodial sentence are allocated. The correlation of the progressive system with interdisciplinary institutions of differentiation (individualization) of execution of punishment and incentive (stimulation) of the correction process is investigated, identical and distinguishing features are determined. The peculiarities of the procedure for changing the detention conditions of convicts within one institution by transferring them to structural sections of correctional colonies have been established. It is determined the significance and tendencies of reforming such an element of the progressive system as "the right to improve the detention conditions". The necessity of multilevel regulation in the current criminal-executive legislation of the extensive system of incentive measures is proved. The content and peculiarities of changing the detention conditions of convicts to a certain term by transferring to another institution against the background of significant humanization of initial legal status of convicts are considered. It is studied the ways of strengthening the stimulating properties of interdisciplinary institutions under Art. Art. 81, 82, 83 of the Criminal Code of Ukraine. It is analysed the ratio of the grounds for application of parole and substitution of the sentence with another milder one against the background of determining their relationship in the gradual process of the convicted’s correction. The expediency of formulating a new institute of parole under supervision and substantiating its importance in the process of implementing a progressive system are described. The ways of improvement of the criminal-executive legislation in the part of realization of the institutes provided by Art. 81, 82, 83 of the Criminal Code of Ukraine