The authors argue that it is inappropriate for individual scholars to serve a sentence in the form of arrest in their free time (on weekends, possibly at night). This position states that serving a sentence on weekends and at night will greatly reduce its effectiveness, as it will be perceived by the child as a simple night or kind of two-day break. The deep meaning of any punishment must be the criminal offender’s understanding of the unfavorable, inconvenient situation in which he loses a significant number of his rights. Thus, even a 45-day break from study will not suffer the same harm as a “light” version of punishment. Secondly, the desire to create a favorable environment may not be fully combined with the ultimate goal and essence of punishment. With regard to house arrest as a potential form of punishment for juveniles, attention is drawn to the fact that finding a teenager at home may adversely affect the process of correction, as the environment can have a destructive effect on his psychiсs state and personality. It is concluded that to date, arrest as a form of punishment for both adults and juvenile offenders has almost completely lost its effectiveness and efficiency. Arrest can be called a rudiment of criminal law, which requires either a revision or a complete replacement with another, more modern, criminal measure. Particular attention is paid to the arrest of minors, which can be completely replaced by a coercive measure of an educational nature in the form of referral to a special educational institution.

Key words: arrest, punishment, criminal offender, criminal legislation, criminal and executive legislation, juvenile, referral to a special educational institution.

References

1. Ukraine (2001), Criminal Code of Ukraine: Code of Ukraine, Verkhovna Rada, Kyiv.
2. Avtukhov, K.А (2013), Execution of a sentence in the form of arrest: current problems of organization and legal regulation: monograph, Law, Kharkiv.
3. Ukraine (1993), Regulations on the school of social rehabilitation: approved by the Resolution, Cabinet of Ministers of Ukraine, Kyiv.
4. Ukraine (1993), Regulations on the Vocational School of Social Rehabilitation: approved by the Resolution, Cabinet of Ministers of Ukraine, Kyiv.
5. Ukraine (2013), Criminal and Procedural Code of Ukraine: Code of Ukraine, Verkhovna Rada, Kyiv.
6. Ukraine (2010), Collection of resolutions of the Plenum of the Supreme Court of Ukraine in criminal cases: 1963-2009, Kharkiv, Odissei.
7. Nazymko, E.S., Obod, А.V. (2018), “Some issues of applying a coercive measure of an educational nature to minors in the form of referral to a special educational institution”, Rule of Law International Scientific Journal, № 2, PP. 93-100, available at: https://ibn.idsi.md/sites/default/files/imag_file/93-100_8.pdf (accessed at 23.05.2022).
8. Myroshnychenko, N.M. (2018), “Arrest as a form of punishment for juveniles: ways to improve the law”, Legal and institutional mechanisms for ensuring the development of Ukraine in the context of European integration, Odesa, PP. 193-196.
9. Nazymko, E. S. (2016), “Theoretical and applied principles of formation and development of the institution of juvenile punishment in criminal law of Ukraine”, Kharkiv.
10. Ukraine (2003), Criminal and Executive Code of Ukraine: Code of Ukraine, Verkhovna Rada, Kyiv.
11. Reznichenko, H.S., Hrytenko, О. А. (2017), “Some problems of execution and serving a sentence in the form of arrest”, Jurnalul juridic national: teorie şi practică, № 5 (27), PP. 122-126.