Separate Questions Of Releasing Of Punishment

  • Volodymyr Burdin
Keywords: punishment, releasing of punishment


In operating Criminal code of Ukraine there is quite a few criminally legal norms that envisage possibility of liberation of person from serving awarded punishment to her. The grounds of such liberation in all cases are different, however in any case but there are general substantial signs in all these types of liberation allow to assert about existence of both independent institute and separate form of criminal responsibility.
Legal nature of the indicated type of release from serving awarded punishment is predetermined by the one-sided duty of the state force to realize through specially authority by her organs it is appointed to the face of punishment during certain terms. A person convict to the certain type of punishment does not carry a legal duty to apply a right limitations that is included in his maintenance, to itself is the exceptional one-sided competense of the special public organs that execute punishment.
Not a single form of criminal responsibility must for the term of life brand a person and eliminate possibility of her return to full life. By an only exception in this relation there can be punishment in the type of life imprisonment. However taking into account possibility of forgiveness of such persons and replacement to them of life imprisonment on imprisonment on a certain term and this punishment actually does not eliminate possibility of resocialization of convict. For this reason fully logically, that realization of duty of the state to execute the punishment appointed to convict is limited to the imperative terms, sailed away stops that existing between the state and convict person criminal legal relationships, and thus implementation of punishment is impossible.