Institute of Penalty in Cultural-Price-Related Measures
Abstract
The essence and functions of criminal punishment are considered. The importance of the social aspect in the system of execution of punishment is highlighted. It is determined that the value legal guidelines that have been formed in society in the form of mood, views, ideas determine the behavior of participants in the criminal process during the implementation of punishment. With the help of ideas about the nature and purpose of criminal responsibility, an assessment is made of the state of the criminal-executive system, the effectiveness of criminal punishment and its positive role for society. It is disclosed that the natural desire of a person to protect his own rights and freedoms from criminal encroachment, to restoration of the violated, as a result of a crime, justice causes a positive perception of the institute of punishment and the mechanism for its implementation. The historical conditions of formation of social values in the field of criminal law in Ukraine are analyzed. It is noted that the characteristic feature of criminal law, which acted on the territory of modern Ukraine, was expressed by the direction aimed at strengthening the protection of the rights and interests of the most influential strata of the population, whose representatives were endowed with authority, and enjoyed a high level of social status and material wealth. The result of the implementation of punishment in the conditions of social inequality and class layout of the population was the formation of a public stereotype, according to which criminal responsibility plays the role of a legal measure that violates the requirements of justice in the legal relationship between different segments of the population. The pronounced punitive orientation that was characteristic of the institution of punishment during the time of Ukraineʼs stay in the Soviet Union has led to an understanding of criminal law influence, as an instrument of violence and violation of human rights and freedoms. Stereotypes of negative perception of criminal responsibility play the role of social factors, which lead to problems of efficiency in the execution of tasks entrusted to criminal punishment. The role of punishment as a component of punishment, in the performance of functions of criminal responsibility is explored. Proved that the punitive component of criminal punishment is a necessary condition that is necessary to achieve the purpose of criminal liability. It is noted that in order to carry out qualitative reform of the institute of punishment, it is necessary to develop and implement effective measures for the implementation of criminal-legal policy.
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