PAROLE AS A FORM OF A PROGRESSIVE SYSTEM OF PUNISHMENTS EXECUTION

Abstract

The article on the basis of doctrinal sources and law enforcement practice reveals the legal nature of parole as a form of a progressive system of punishments execution. It is concluded that a parole is one of the types of release from serving a punishment and at the same time is one of the forms of progressive system of punishment execution, the essence of which is the early release from further real serving a punishment subject to compliance during the unserved part of a punishment of certain requirements established by law. The theoretical and applied positions on the material and formal grounds for the use of parole are unified. It is noted that at the present stage of reforming the penitentiary system of Ukraine one of the urgent problems, which affects the use in correctional colonies of such a form of a progressive system as parole, is the lack of objective ability to provide all convicts who want to work, jobs. So, it turns out that if a convict does not have the opportunity to work, exercising the corresponding right, it is impossible to use parole. In such circumstances, the purpose of punishment and criminal and executive legislation in the form of correction of a convict is not ensured. Therefore, in order to improve the grounds and procedure of parole application, Part 2 of Art. 81 of the Criminal Code of Ukraine, after the words «attitude to work», add the words «if it is available» and further on the text. In such circumstances, the final version of the improved Part 2 of Art. 81 of the Criminal Code of Ukraine will look as follows: «2. Parole may be applied if a convict by conscientious behaviour and attitude to work, if it is available, proved his/her correction».