Makhnitska K. Criminal-executive principles of preventing prohibited items from entering convicts deprived of liberty

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102121

Applicant for

Specialization

  • 081 - Право. Право

12-06-2021

Specialized Academic Board

ДФ 26.503.036

Private institution "Research Institute of Public Law"

Essay

As the practice of execution and serving a sentence of imprisonment for a certain term in Ukraine shows, its effectiveness is low not only because it does not fully meet the purpose and objectives of criminal enforcement legislation, which are enshrined in Art. 1 of the Criminal Procedure Code, but also due to a number of other circumstances that are directly related to the content of criminal enforcement activities. We are talking, first of all, about the high level of criminal offenses committed by convicts (per 1 thousand people it is 4.91 cases); a significant share in the structure of persons serving sentences in prisons, malicious violators of the penitentiary system (more than 3.3 thousand convicts or 5% of the specified number), as well as a large number of convicts who are subject to annual administrative supervision after release from correctional colonies as those who did not take the path of correction (almost 9% in the structure of all persons who served their sentences in closed penitentiary institutions). At the same time, the so-called background phenomena (use of alcohol, narcotics and other potent psychotropic substances; use of prohibited sharp objects, etc.) play an important role in the mechanism of illegal behavior of this category of convicts. In particular, annually (1991-2020) almost 500 liters of alcohol and more than 2,000 liters of malt, as well as up to 7,000 grams of narcotics were seized both in the channels of entry into the colony and directly from convicts imprisoned. substances and 1.5 thousand prohibited prickly cutting objects.

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