Merhel M. Punishment under the criminal legislation of Ukraine: problems and ways of optimization.

The object of the study is social relations in the sphere of functioning of the institution of punishment in Ukraine. The methodological basis of the study is a set of methods and techniques of scientific knowledge, which allowed for a comprehensive, complete and objective analysis of its subject. In the process of writing this paper, the author used philosophical and ideological, general scientific, and special scientific methods. The scientific novelty of the results obtained is that the dissertation is one of the first comprehensive studies in Ukraine of the problems of the functioning of the penal institution and ways to optimise it. The work formulates the following provisions, conclusions and proposals that have scientific novelty and are submitted for defence: for the first time 1) the content of the concept of "functional purpose" of punishment is outlined, which is reflected in the purpose and functions to which punishment as a criminal law tool, which is central to the system of crime control measures, is directed; 2) the author classifies and analyses the problems of implementation and effectiveness of each type of punishment provided for by the criminal legislation of Ukraine, taking into account its connection or non-interconnection with isolation from society and interdependence with specific restrictions on subjective rights of a person;3) the optimisation of the institution of punishment as a process of bringing it to the best possible state is proposed to be implemented at the levels of: legislative consolidation, imposition of punishment and its execution-service, taking into account the positive experience of legal regulation of the institution of punishment in foreign, in particular, European countries.