Penal systems in the criminal law of Ukraine and the USA: comparative legal analysis

Abstract

This scientific article carefully examines the differences in the penal systems of the criminal law of Ukraine and the United States. The content of the article is focused on the comparison of different approaches to criminal liability, various types of punishments, their application in practice and general consequences for the criminal himself and society as a whole. The main goal of the study is to identify features and propose potential improvements to the Ukrainian penal system based on the experience of other countries, namely the US penal system. In general, the Ukrainian penal system focuses on three main aspects: compensation for harm caused by criminal offences, correction of the offender’s deviant behaviour, and prevention of recidivism through rehabilitation measures. Moreover, the criteria for classifying such measures of state coercion and the characteristic features of each group are highlighted. The US system, especially at the federal level, is characterised by a complex and diverse range of punishments. This structure is a result of long historical development and the accumulation of practical experience over centuries. In the context of our research, it was revealed that the US places greater emphasis on maintaining public order, preventing crime, and rehabilitating offenders. Despite this, some US states retain the practice of capital punishment for particularly serious crimes. However, this type of punishment is used extremely rarely and only in exceptional circumstances, confirming its exceptional nature. The comparative legal analysis allows us to identify advantages and disadvantages in both systems, as well as to establish effective methods of punishment, which can contribute to the further improvement of the system of punishment for criminal offences in both legal systems. The significance of this article lies in its analytical and comparative approach, which facilitates the identification of effective ways to improve Ukraine’s national legislation, taking into account best international practices and generally recognized standards.

Keywords

• criminal law
• punishment system
• comparative legal analysis
• criminal liability
• types of punishments
• international standards