Features of adaptation of the national punishment system to European standards
Authors: Tavolzhanskyi Alexey , Prykhodko Valeriya 
Published: July 2020

Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine.
Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others.
Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation.
Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system.
Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.