In this article the topical issue of the achievement of resocialization of convicted persons is studied. The special and deep analysis of the concept of resocialization of convicted persons is carried out. The conclusion about the premature of including of such purpose of penal legislation as «resocialization» in the Penal Code of Ukraine is made. Special attention is paid to the determination of maximal task which can be entrusted on State Penal Service, - making conditions for further resocialization of convicted persons with the help of legally defined means.