Law. Human. Environment (May 2024)
The legal and penitentiary system as repressive apparatus: Legal methods of protecting a civil and political rights
Abstract
The relevance of the study lies in the growing role of legal and penitentiary systems in the conditions of modern challenges, in particular, the state of war in Ukraine, which necessitates a clear understanding of the mechanisms of legal regulation of the execution of criminal punishments, taking into account the principles of protection of human rights, namely prisoners. The purpose of the research was to carry out a comprehensive study of the mechanism of legal and penitentiary systems, which includes the disclosure of concepts, features and principles of their functioning. The theoretical and methodological approach, the method of synthesis, legal hermeneutics and others were used to conduct the research. The results of the study demonstrated that the combination of theoretical and practical aspects of work in the field of legal and penitentiary systems allows creating a holistic view of the mechanisms that are based on the change in the social orientation of criminal punishment and contribute to the further development of paradigms of treatment of convicts. In the course of conducting this study, the impact of martial law on the legal and penitentiary systems was characterized. The peculiarities of the legal regulation of execution of criminal punishments in the conditions of martial law in Ukraine are determined. In addition, the practice of applying measures of criminal enforcement influence on convicts was analysed and, accordingly, the experience of foreign countries in ensuring the rights and freedoms of convicts was summarized. The results obtained during the research can be used by state authorities, penitentiary institutions, scientific and public organizations to improve the legal regulation of the execution of punishments, ensure the rights and freedoms of convicts, and humanize their detention
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