CHARACTERISTICS OF IMPRISONMENT AS A TYPE OF PUNISHMENT IMPOSED ON MINORS IN UKRAINE IN COMPARISON WITH THE REPUBLIC OF POLAND AND THE REPUBLIC OF LITHUANIA

 Author (s): Musyka V.V.

 Work place:

 Musyka V.V.,

Senior Lecturer of the Center of Vocational Education,

Territorially Separated Branch “Bila Tserkva branch of the

Academy of the State Penitentiary Service”, Bila Tserkva, Ukraine

ORCID: 0000-0001-7301-8146

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2021 No 3(14): 82–90

https://doi.org/10.32755/sjlaw.2021.03.082

Summary

A comparative analysis of imprisonment as a type of punishment imposed on minors in Ukraine, the Republic of Poland, and the Republic of Lithuania was conducted in the article. The term of applying the punishment in these states was compared. It was stated that life imprisonment was not applied to juveniles in all three states, and the terms of punishment were milder than in the same sentence for adults. It was determined that the age from which imprisonment was imposed in Ukraine and Lithuania were identical. However, this age differed in Poland, where it was one year higher. The purpose of punishment in the form of imprisonment was analyzed. It was noted that the key place was given to the correction of convicts and crime prevention, as the main purpose of this type of punishment. Institutions where juveniles were serving sentences of imprisonment were compared. It was determined that in all these states, juvenile convicts were kept in specialized penitentiary institutions for juveniles, where they were kept separate from other categories of convicts. It was determined that in Lithuania convicts could be left in correctional facilities for juveniles until they reached the age of twenty-one, and in Ukraine for a year longer, which provided an additional opportunity to consolidate the correctional influence. Polish law stipulates that convicts will serve a sentence of imprisonment in juvenile correctional facilities until they reach the age of twenty-one and provides for the possibility of remaining there after reaching the age of twenty-one. It was concluded that in Ukraine, Poland and Lithuania imprisonment as a type of punishment imposed on minors is quite similar, but each of these states has its own characteristics and rules of law that could improve national legislation. The proposals were presented taking into account the positive foreign experience in improving the national legislation in the field of execution of imprisonment for minors.

Key words: juvenile convicts; imprisonment; comparative analysis; Republic of Poland; Republic of Lithuania.

References

  1. Ukraine (2001), Criminal Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  2. Republic of Poland (1997), Criminal Code of the Republic of Poland: Law of the Republic of Poland, The Seim of the Republic of Poland, Warsaw.
  3. Republic of Lithuania (2000), Criminal Code of the Republic of Lithuania: Law of the Republic of Lithuania, Seimas of the Republic of Lithuania, Vilnius.
  4. Republic of Poland (1997), Executive Penal Code of the Republic of Poland: Law of the Republic of Poland, The Seym of the Republic of Poland, Warsaw.
  5. Ukraine (2003), Criminal Enforcement Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  6. Republic of Lithuania (2002), Penal Enforcement Code of the Republic of Lithuania: Law of the Republic of Lithuania, Seimas of the Republic of Lithuania, Vilnius.

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