Зарубіжний досвід забезпечення виконання судових актів щодо покарань у виді довічного позбавлення волі

Punishment is the most severe form of coercion and as such must strike a balance between reasonable restriction and respect for the human dignity and rights of the convicted person. The study of life imprisonment in foreign countries shows that this type of punishment is inherently the most severe measure of state coercion, and its content is a significant restriction of the rights and freedoms of the convicted person as a human being and citizen of the state, which is expressed in the highest degree of isolation, detention mainly in the premises of the maximum security correctional colonies, etc. European standards require that life sentences be executed with maximum individualisation based on a regular risk assessment in each case. Some European countries have abolished life imprisonment (Serbia, Croatia, Spain, Bosnia and Herzegovina, Norway, Slovenia), and instead, for particularly serious crimes, courts impose long but fixed terms of imprisonment. The imposition of this type of punishment in foreign countries is justified by various reasons: the commission of particularly serious crimes (grievous murder, rape, genocide, war crimes and crimes against humanity), the increased social danger of persons who have committed criminal offences, the impossibility of reforming persons without the application of such a punishment, and a number of other issues. In most European countries, life imprisonment can be commuted after a certain period of serving a sentence (from 12 years (Denmark, Finland) to 40 years (Turkey). Despite the differences in the length of the sentence, the possibility of early release makes this punishment humane. The goals of general prevention are combined with the goals of special prevention, without denying the possibility of correction and socialisation of the convicted person. In most countries where life imprisonment exists, it is not applied to juvenile offenders. It is stated that in the case of life imprisonment, States are obliged to ensure that legislation provides for the possibility of parole after serving a sufficient period during which the convicted person has demonstrated good behaviour.