ЗЛОВЖИВАННЯ ПРАВОМ НА СТАДІЇ ВИКОНАННЯ СУДОВИХ РІШЕНЬ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ
Authors: Boreiko Halyna ,   Львівський національний університет імені Івана Франка
Published: July 2024

An article deals with the analysis of the criminal proceedure and criminal executive legislation. According to the results, some deficiencies are found in the legal regulation of court decisions execution in criminal proceedings, which provide a hypothetical opportunity for participants in criminal proceedings to abuse their right at this stage. The author draws attention to the issues that most likely happen to be abused. In particular, the postponement of court decisions execution, the request for the conditional early release of the convicted person from the sentence or the change of the unserved part of the sentence to more lenient one, and others. The article looks at examples of the abuse of rights by participants in criminal proceedings when resolving issues provided by in Art. 537 of the Criminal Procedure Code of Ukraine (CPC of Ukraine) and remarks on feasibility of making appropriate changes to the legislation in order to prevent this negative phenomenon. At the same time, it is noted that violations are allowed during these matters, which, as a rule, relate to keeping records of convicts, exercising control over the timely and correct withholding of amounts from the earnings of convicts into state income, calculating the term of punishment or the probationary period, taking measures to respond to the admission of violations by convicts, according to the timeliness of sending convicts to correctional centers, etc. Therefore, the proper legal regulation of solving these issues will ensure that abuses on the part of the participants in the criminal proceedings are impossible and will allow to objectively and fully take measures to protect and restore the rights of the convicted as well as the general interests of society. In addition to this, the author makes a conclusion concerning the necessity to provide the CPC of Ukraine with the rights of participants in criminal proceedings to the cassation appeal of court decisions that are made on the bases of the issues arisen during the execution of the sentence. The article focuses on decisions of the Supreme Court in which it is noted that the abuse of rights by participants in criminal proceedings should not be allowed and measures were taken to prevent them. Based on the analysis of the practice of handing such cases in courts, the author comes to the conclusion that it is necessary to foresee in the CPC of Ukraine the right of participants in criminal proceedings to the cassation appeal. At the same time, attention is drawn to the legal regulation of the procedure issues are arisen and by the court during the execution of sentences which requires improvement and detailing, due to the fact that it is precisely the revealed shortcomings of the legislative regulation that contribute to the participants in criminal proceedings to abuse their rights at this stage. Keywords: the abuse of right, participants in criminal proceeding, execution of court decisions, legislative gaps, issues arisen during the execution of the sentence.