Legal aspects of the application of pardon under the legislation of Ukraine

Abstract

The article is devoted to the analysis of the current state of legal regulation of the application of pardon to convicts in Ukraine. Current regulatory sources governing this institution are not without disadvantages. The subject of the study is the problem of terms, after which pardon is applied to the firstly convicts and previously convicted, repayment by pardon of material damage caused by a criminal offense, pardon of persons who committed a deliberate crime during a probationary period under conditional conviction, to which pardon, amnesty, parole punishment or commutation of punishment with a milder.

Legislation of Ukraine on criminal liability provides legal protection of human and citizens rights and freedoms, property, public order and public safety, environment, constitutional system of Ukraine from criminal encroachments; ensuring the peace and security of mankind, and preventing crime. To accomplish this task, the Criminal Code of Ukraine determines which socially dangerous acts are crimes and what penalties must be applied to the perpetrators. At the same time, the issue of the application of the mechanisms of criminal liability exemption remains relevant for the current legislation on criminal liability.

Pardon occupies a prominent place in the system of types available in the Ukrainian legislation exemption from the responsibility. Therefore, during the period of political reform in Ukraine, the problem of the effectiveness of applying the institution of pardon to prisoners in Ukraine is quite urgent.

The urgency of the issues raised in the article is caused by the need for legislative regulation of certain provisions of the application of pardons to convicts in Ukraine.

The article analyzes the current state of legal regulation of the use of pardons for prisoners in Ukraine. It is noted that the current regulatory and legal sources governing the institution of the application of pardons to prisoners in Ukraine are not free of gaps. The subject of the study is the problems of the terms after which the application of pardon to sentenced persons may be compensated, the persons against whom pardon was applied, the compensation caused by a criminal offense, the possibility of applying pardon to persons who committed deliberate crimes during probation, with a suspended sentence previously used pardon, amnesty, parole or substitute for a milder, previously convicted.

The authors of the article also provide the necessary recommendations for improving the legal regulation of the use of pardons for convicted persons in Ukraine.