The complex and systematic analysis of legal views of I. Malynovskyi on formation and development of criminal executive law in Ukraine on the basis of scientific works of the scientist-lawyer is carried out in the thesis. The state of coverage of this problem in the national legal science, the source base and methodological basis of the research are revealed. The main stages of life, public, educational, political, scientific and pedagogical activity of I. Malynovskyi are described, as well as his legal views on the formation and development of criminal executive law in Ukraine, which allowed to determine his place and role in national science as a historian-lawyer, who was unjustifiably persecuted for his scientific work until his imprisonment by both the tsarist government of Russia and the Soviet authorities, which also removed his scientific works from scientific circulation for a long time. It is showed that the methodology of the scientist included the system of such general scientific methods as dialectical (gradualness, sequence, causality of development of social phenomena, including law, their progress), historical and legal (comparative legal), formal dogmatic (grammatical and logical interpretation of legal norms), analysis, synthesis, analogy, making hypotheses (assumptions), and special scientific statistic and economic method. All of them, when it is possible, must be applied using primary sources. Legal views of I. Malynovskyi on the preconditions of emergence, interrelated stages (phases) of development of criminal-executive law in the Ukrainian lands in the conditions of formation of the tribal community and development of statehood on the territory of Ukraine in ancient times are considered; the procedure and conditions of their implementation in Kyivan Rus; scientific achievements of I. Malynovskyi on the development of the system of criminal punishments and the practice of their application in the Ukrainian lands as part of the Grand Duchy of Lithuania and the Commonwealth are highlighted; legal views of I. Malynovskyi on the peculiarities of the execution of punishments in the Ukrainian Cossack state under the "Rights by which the Little Russian People are judged" of 1743 are distinguished; scientific achievements of I. Malynovskyi in the execution of criminal punishments on Ukrainian lands as a part of the Russian Empire are shown; problematic issues of formation of criminal-executive law and penitentiary policy in the first years of Soviet power in Ukraine according to the scientific works of I. Malynovskyi are revealed; legal views of I. Malynovskyi on revolutionary massacre and directions of formation of post-revolutionary criminal-executive law are assessed; influence of I. Malynovskyi on the formation of Soviet penitentiary law was determined; the content of penitentiary concept of I. Malynovskyi is characterized and given a legal assessment.
