Suchergebnisse

The object of study was the study of the theory and practice of the influence caused by the criminal subculture on criminality in the penitentiary environment. In the main content of the research, two directions are highlighted: first, the influence of criminal subculture among convicts in places of detention of the State Criminal Executive Service of Ukraine and; the second direction of influence, this caused by criminal subculture among convicts who are registered with parole of the State Institution «Parole Center». The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. Among the contributions of the research, the definition of the influence that the criminal subculture exerts on delinquency in the penitentiary environment is formulated. It concludes on the need for the mandatory application of measures for the individual prevention of professional delinquency, in terms of judicial and public policies.

The purpose of this research is to analyze international legal standards that guarantee the right to liberty and personal security in criminal proceedings. The subject of the study was the requirements of international acts, the decision of the European Court of Human Rights and the provisions of the current criminal procedural legislation of Ukraine on the issues of guaranteeing and securing of that right. The authors of the article used the following methods: dialectics, comparative legal, system analysis, formal logic. The relevance of the topic of this article depends on the fact that the current direction of the reform of the criminal procedural legislation is aimed at strengthening the legal guarantees for the protection of a person, protection of his rights, freedoms and legitimate interests in criminal proceedings. Such a fundamental right of every human being as the right to liberty and personal security is no exception to this. In this context, the legal mechanisms for the application of coercive measures need to be reviewed, re-evaluated and adjusted. This, of course, reflects the approximation of national law to international legal standards, European values, the establishment of the rule of law, and so on.