Forms (Sources) Of The Penal Policy Of Ukraine

  • Yu.V. Kerniakevych-Tanasiichuk
Keywords: forms of penal policy, sources of penal policy, regulations, international standards for treatment of prisoners


Under the form of the right way to understand the internal organization and external manifestations of law certifying their state necessarity. According to the theory of law and State distinguish internal form of law - the way its internal organization (structure) and external - a way of objectification, external display, fixing material.

The external form of law is referred to as a source of law. Source - this is what gives rise to something where there is, something is drawn; basis of something original principle.

Sources of general policy and penal policy in particular, is the performance of the public authorities, which are endowed with respective functions and powers of the state, and manifested usually in relevant acts with normative, compulsory nature.

The main source of penal policy of the Ukrainian state (as a representative of the Roman-Germanic legal system) is a legal act.

The most important is the classification of regulations by legal force. Validity of regulations - is the extent of its impact on social relations, its value, depending on the location in the hierarchy of acts.

Given this criterion division made of regulations, which are sources of penal law and act in parallel forms (sources) of the penal policy of Ukraine.

We can define the following system sources of penal policy of Ukraine, central to which is occupied by legal acts, including: The Constitution of Ukraine, international treaties of Ukraine, the Criminal Executive Code of Ukraine and other codes of Ukraine, laws of Ukraine, subordinate regulations. In addition, the sources of penal policy Ukraine are acts of judicial bodies - decisions of the Constitutional Court of Ukraine and resolutions of the Supreme Court of Ukraine.