Optimization Of The Penalties System Of Ukraine

Abstract

The scientific article examines the issue of optimization of the penal system in Ukraine. Particular attention is paid to the low level of effectiveness of certain types of punishments, which allows us to declare the need to improve the institution of punishment in Ukraine, in particular, by optimizing the system of punishments.
In view of the analyzed interpretations of the concept of «optimization», it was established that it is appropriate to consider the institution of punishment as a process of bringing it to the best (optimal) state.
It is emphasized that it is possible to achieve qualitative results of the optimization of the institution of punishment only through the comprehensive implementation of this process. Therefore, the optimization of the institution of punishment should be carried out at the level of its legislative consolidation; at the destination level; at the level of its performance.
It was noted that optimization of the institution of punishment in national legislation should be carried out taking into account the positive experience of legal regulation of the institution of punishment in foreign countries. Such optimization should primarily affect the system of punishments, and should be implemented by reducing its elements.
Most of the attention is focused on the analysis of the criminal legislation of the leading European countries, which defines the punishment system, as well as on the study of the positions of Ukrainian scientists regarding the potential optimization of the national punishment system of Ukraine.
It was concluded that the optimization of the punishment system should be carried out not only by borrowing the positive experience of the legal regulation of the institution of punishment in leading European countries, but also by taking into account the characteristics (physiological, age, etc.) of the subjects to whom they may be prescribed.