Reforms in the sector of sentence enforcement have been on the agenda in Ukraine for decades and are also under constant review by the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine and the President of Ukraine. The concepts and programs approved by these actors that formulate the penal and correctional policies provide for appropriate changes, modifications and innovations which are generally aimed at improving the existing penal and correctional system but do not intend to change the fundamental principles of sentence enforcement. Eventually, each concept of sentence enforcement reforms which replaces the preceding one rests upon the fact that the task planned earlier has not been fulfilled and innovations should be re-applied. A pre-condition for a concept’s performance is that it is designated to integrate knowledge available within the criminal executive law branch which would contribute to resolution of problems relating to enforcement of sentences, i.e., a concept’s efficiency depends on doctrinal sources as a system of views reflected in the best accomplishments of science, where an interpretation of the essence, purpose and regularities of the penal and correctional system is given. Unfortunately, not all of the points of view on the purpose and goals of operation of penal and correctional bodies and facilities presented to scientific community as a doctrine can become the source for the development of concepts of reforming the penal and correctional system, and this aspect is discussed in this publication.

The purpose of the article is to substantiate the idea that a reform in the sector of sentence enforcement should lead to significant (and not cosmetic) changes in the mechanism of functioning of the penal and correctional system, and to accomplish this purpose the doctrine of criminal executive law rather than pseudoscientific “doctrines” should be actually involved, as this will promote a change in the fundamental foundations and principles according to which penal and correctional bodies and facilities operate, as well as in the ideas about their mission, statement of the real goal and articulation of the tasks which can be achieved in practice.

The reforms announced in the concepts and programs are characterized as superficial and partial, incapable of leading to a qualitative restructuring of the penal and correctional system, unable to reach its deep foundations and just artificial. Attempts of the sentence enforcement policy-makers to introduce such reforms are in the interests of “higher-ups”, but those reforms had no support at the local level.

Reforms will be a success if their purpose is clearly understood. The author proclaims a thesis that the real and achievable goal of criminal executive legislation and operation of penal and correctional bodies and facilities is the goal of punishment, and the result of the penal enforcement activity is the practical implementation of restrictions regarding the rights and freedoms characteristic of each punishment.

Bibliography

Authored books

1. Bogatyrov I ta inshi, Transformatsiia kryminalno-vykonavchoho zakonodavstva Ukrainy (penitentsiarna doktryna) [Transformation of the Criminal Executive Legislation of Ukraine (Penitentiary Doctrine)] (Dekor 2014) (in Ukrainian).

Journal articles

2. Kyrychenko А, ‘Ugolovno-ispolnitel’noe pravo ili ispravitel’no-trudovoe sudoproizvodstvo: novaja doktrina ispolnitel’nogo sudoproizvodstva’ [‘Criminal Executive Law or Correctional Labor Proceedings: A New Doctrine of Enforcement Proceedings’] (2017) Naukovyi visnyk Sivershchyny Pravo 182 (in Russian).

3. Yakovets I, ‘Cuchasnyi stan nauky kryminalno-vykonavchoho prava ta peredumovy formuvannia kontseptsii optymizatsii protsesu vykonannia kryminalnykh pokaran’ [‘Current State of Criminal Executive Law Science and the Prerequisites for Formulation of the Concept of Optimizing the Process of Criminal Sentence Enforcement’] (2013) 1 Chasopys Akademii advokatury Ukrainy 4 (in Ukrainian).

Thesis

4. Likhovitskyi Yu, ‘Kryminolohichni zasady zapobihannia zlochynam, shcho vchyniaiutsia personalom derzhavnoi kryminalno-vykonavchoi sluzhby Ukrainy’ [‘Criminological Foundations for Prevention of Crimes Committed by Staff of the State Penal and Correctional Service of Ukraine’] (avtoref dys d-ra yuryd nauk, 2018) (in Ukrainian).

Websites

5. ‘Kontseptsiia’ [‘The Concept’] (Vikipediia – vilna entsyklopediia) <https://uk.wikipedia. org/wiki/%D0%9A%D0%BE%D0%BD%D1%86%D0%B5%D0%BF%D1%86%D1%9 6%D1%8F> (accessed: 25.05.2019) (in Ukrainian).

6. ‘Reforma’ [‘The Reform’] (Vikipediia – vilna entsyklopediia) <https://uk.wikipedia.org/ wiki/%D0%A0%D0%B5%D1%84%D0%BE%D1%80%D0%BC%D0%B0> (accessed: 25.05.2019) (in Ukrainian).

7. ‘Zastupnyk ministra yustytsii Denys Chernyshov: pro piramidu Maslou u viaznytsi i kovorkinh v SIZO’ [‘Deputy Minister of Justice Denys Chernyshov: About the Maslow’s Pyramid in Prison and Co-Working in Pre-Trial Detention Center’] (Ukrainski novyny,18 sichnia 2019) <https://ukranews.com/interview/2117-denis-chernyshov-pro-piramidumaslou-v-tyurme-i-kovorking-v-sizo> (accessed: 25.05.2019) (in Ukrainian).

8. Chernyshov D, ‘Dlia “tiuremnoi” reformy prosymo 20 mlrd na 3 roky’ [‘We Ask 20 billion for 3 Years for the “Prison” Reform’] (Vhoru, 15.04.2019) <https://vgoru.org/ index.php/interv-yu/item/40720-denys-chernyshov-dlia-tiuremnoi-reformy-prosymo20-mlrd-na-3-roky> (accessed: 25.05.2019) (in Ukrainian).

9. Chernyshov D, ‘Naiholovnishe, shcho vdalosia realizuvaty u 2018 rotsi – zatverdyty Pasport reformy penitentsiarnoi systemy’ [‘The Most Important Thing Accomplished in 2018 is the Approval of the Passport of the Penitentiary System Reform’] (Uriadovyi portal) <https://www.kmu.gov.ua/ua/news/denis-chernishov-najgolovnishe-shchovdalosyarealizuvati-u-2018-roci-zatverditi-pasport-reformi-penitenciarnoyi-sistemi> (accessed: 25.05.2019) (in Ukrainian).