When comprehending the purposes of punishment in terms of the criminal executive law theory, the primarily emphasis is placed on the exploration of its significance for the expression, legal consolidation and implementation of the State’s penal policy. The theory has not discovered a final adequate response to the challenges of the present which involve the establishment of proportionality between the gravity of the crime committed, the offender’s personality and the sentence, its efficient implementation, especially in terms of correctional treatment of persons sentenced to imprisonment. Further still, eclecticism is observed regarding the application of the ideas of natural law, dogmatic approaches etc. There is no clear certainty about the issues of execution and serving of punishment in terms of restriction or, conversely, enhancement of criminal repression which should not be of an equalizing nature. Even more questions arise about the purpose of punishment which is based not only on penalty but also on correction and re-socialization of a convict and the possibility of deterring the negative impact of punishment on both the offender and society on the whole.

The purpose of the article is to analyze the approaches formulated in the criminal executive law doctrine to the understanding of the purposes of punishment, to identify the current problems seen in their implementation and in determining the efficiency of correctional treatment, and also to determine the prospects of maintaining the purpose of a person’s correction in the course of execution and serving of an imprisonment sentence.

The study of world historical heritage, as well as legislation and customary law applied in the territory of Ukraine suggests that the purposes of punishment are dualistic. On the one part, punishment means penalty and retribution for a crime committed, and on the other part – correction of a convicted person and social recovery of his/her personality.

The author proves that where the purpose of punishment is attained, this should indicate that correctional treatment of convicts is efficient. However, punishment has not a single goal, but several ultimate goals. Particularly, in criminal legislation this is penalty, correction of convicts, as well as preventing new crimes by both convicts and other persons (article 50 of the Criminal Code of Ukraine). In criminal executive legislation the punitive purpose is transformed with a focus on protecting the interests of an individual, society and the State, and the purposes of correction, prevention of new crimes both by convicts and other persons are augmented by one more objective – resocialization of convicts. Along with the ultimate goals of punishment, criminal executive law comprises intermediate goals which should be attained by efficient corrective action at each punishment execution stage through criminal-law and criminal-executive functions.

As a summary, the author notes that under the conditions of transition to the ruleoflaw state and humane treatment of convicts, with the aim of recovering a person and preventing repeated crimes, there is a need for reconsideration of the approaches to determining the efficiency of correctional treatment. Therefore, at the present stage of society development the emphasis should be placed on the correctional purpose of punishment. Given the general trends in the practice of using punishments, voluntary correction of a convict appears to be more promising; however, this does not exclude partial use of coercion elements. Correctional treatment should not be exercised only within the framework of criminal executive law. The fundamentals of pedagogy, sociology, psychology, and criminology should be comprehensively applied for the development and fulfillment of a convict’s voluntary correction by stimulating his/her law-abiding behavior. Encouragement of convicts to social recovery, law-abiding behavior and non-criminal lifestyle after serving the sentence should become the basis for efficient correctional treatment of convicts and be morally and economically beneficial for society, the victim, the convict and for the State on the whole.

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