Criminal Executive Law During the Period of Martial Law in Ukraine

Abstract. The article analyzes the peculiarities of the functioning of criminal enforcement law in Ukraine during the period of martial law. We mentioned that the criminal law of Ukraine establishes the procedure and conditions for serving criminal punishments in order to protect the interests of the individual, society and the state by creating conditions for correction and resocialization of convicts, prevention of committing new crimes, prevention of torture and inhumane treatment of convicts. In addition, it was found that martial law is a special legal regime that is introduced in Ukraine or its individual localities in the event of armed aggression or a threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and citizen and the rights and legal interests of legal entities with an indication of the period of validity of these restrictions. It has been established that in any democratic state, an effective mechanism of criminal enforcement law is necessary, since the number of committed criminal offenses depends on it. It was investigated that in connection with the introduction of martial law in Ukraine, the legislator was forced to make changes to many normative legal acts in order to protect the rights and freedoms of individuals and legal entities. It has been established that during martial law, enforcement of pensions, stipends, etc., is suspended. In addition, we explored certain exceptions and new grounds for suspending enforcement. It was found that the rights of convicted persons during the martial law are quite often violated by Russia. We researched what problems Ukrainian society faced and thought about ways to solve them. Keywords: criminal law; execution of punishments; martial law; the rights of convicts.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2024-12-11
DOI
https://doi.org/10.23939/law2024.44.318
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Executive Law During the Period of Martial Law in Ukraine

Roman Shai
1 links
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
War, Law, and Justice
article

Criminal Executive Law During the Period of Martial Law in Ukraine

Roman Shai
article en

Abstract

Abstract. The article analyzes the peculiarities of the functioning of criminal enforcement law in Ukraine during the period of martial law. We mentioned that the criminal law of Ukraine establishes the procedure and conditions for serving criminal punishments in order to protect the interests of the individual, society and the state by creating conditions for correction and resocialization of convicts, prevention of committing new crimes, prevention of torture and inhumane treatment of convicts. In addition, it was found that martial law is a special legal regime that is introduced in Ukraine or its individual localities in the event of armed aggression or a threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and citizen and the rights and legal interests of legal entities with an indication of the period of validity of these restrictions. It has been established that in any democratic state, an effective mechanism of criminal enforcement law is necessary, since the number of committed criminal offenses depends on it. It was investigated that in connection with the introduction of martial law in Ukraine, the legislator was forced to make changes to many normative legal acts in order to protect the rights and freedoms of individuals and legal entities. It has been established that during martial law, enforcement of pensions, stipends, etc., is suspended. In addition, we explored certain exceptions and new grounds for suspending enforcement. It was found that the rights of convicted persons during the martial law are quite often violated by Russia. We researched what problems Ukrainian society faced and thought about ways to solve them. Keywords: criminal law; execution of punishments; martial law; the rights of convicts.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 11(44)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
War, Law, and Justice
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