Правове регулювання позбавлення особи прав як виду покарання чи виду кримінально-правових заходів: досвід Польщі, Болгарії та України

The article carries out the epistemology of the legal regulation of deprivation of rights in Poland and Bulgaria as a type of punishment. The following features of it in Bulgaria are highlighted: 1) there is a system of punishments related to deprivation of rights, which includes the following three types of punishments: deprivation of the right to hold a certain state or public position; deprivation of the right to engage in a certain profession or activity; deprivation of the right to reside in a certain area; 2) can be the main and additional type of punishment; 3) is imposed by a court verdict; 4) can be imposed as an independent type of punishment, or can be imposed together with another type of punishment; 5) if this punishment is imposed together with a punishment involving deprivation of liberty, the term of punishment can be up to three years; 6) if deprivation of rights is imposed together with a type of punishment such as imprisonment, the term of deprivation of rights may exceed the term of imprisonment imposed by no more than three years. The following features of the legal regulation of deprivation of rights in Poland are highlighted: 1) it is not part of the system of penalties; 2) it is a type of criminal law measure; 3) as a criminal law measure it can be a type of additional punishment; 4) the system of criminal law measures related to deprivation of rights includes the following three types: deprivation of public rights; prohibition to hold a certain position, perform a certain profession or engage in a certain economic activity; prohibition to drive a means of transport; 5) deprivation of rights is carried out by a court; 6) a person may be permanently deprived of rights by a court decision if the offender recidivists in a crime and has already been sentenced to imprisonment for an intentional crime against life or health or causing harm to a minor; 7) a ban on holding a certain position or engaging in a certain profession may be imposed for a period of one to ten years. It has been established that in Poland, the deprivation of a person’s public rights also includes the deprivation of awards and honorary titles, and in the case of a military serviceman - the deprivation of military rank and demotion to private. Also, one of the features of the legal regulation of the deprivation of a person’s rights in Poland is that the Criminal Code of Poland focuses on the motives for committing crimes and on the fact that they require not just punishment, but special conviction. According to the norms of the Criminal Code of Ukraine, there may be three situations when a person may be sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities: 1) it (the punishment) is mandatory because it is provided for in the sanction of the article of the Special Part of the Criminal Code of Ukraine; 2) it is not a mandatory additional punishment, although it is provided for in the sanction of the article of the Special Part of the Criminal Code of Ukraine; 3) it is not provided for in the sanction of the article of the Special Part of the Criminal Code of Ukraine, however, the possibility of its imposition is motivated with reference to the provisions of the General Part of the Criminal Code of Ukraine - Part 2 of Article 55 of the Criminal Code of Ukraine.