ПРО ДЕЯКІ ЗАКОНОМІРНОСТІ ВИНИКНЕННЯ ПРАВОВИХ ПРОГАЛИН І КОЛІЗІЙ В КРИМІНАЛЬНО-ВИКОНАВЧОМУ ЗАКОНОДАВСТВІ УКРАЇНИ
ABOUT SOME REGULARITY OF EMERGENCE OF LEGAL GAPS AND COLLISIONS IN THE CRIMINAL AND EXECUTIVE LEGISLATION OF UKRAINE

Summary/Abstract: As shown by the results of this research, in the legislative and regulatory activities in Ukraine related to the improvement of criminal law, including through the elimination of legal conflicts and gaps, can be divided into three interrelated and interdependent periods, namely: a) the first of these dates from 1991-2003, when in the sphere of punishment, criminal-legal relations were regulated by the Correctional Labor Code (VTK) of Ukraine, which was adopted in December 1970 and which, despite the amendments made in since 1991, changes and additions, in its essence, reflected the ideology and psychology of a totalitarian state - the USSR, which also included bodies and institutions of execution of penalties (PEC); b) the second period began with effect from January 1, 2004, adopted in July 2003 by the Criminal Enforcement Code (KVC) of Ukraine and ended in April 2014 in connection with the adoption of the Law of Ukraine “On Amendments to the Criminal Enforcement Code Ukraine on adapting the legal status of a convicted person to European standards ”; c) the third period, “starting” in April 2014, is still ongoing. At the same time, it should be noted that the basis of this periodization is the criterion of legislative regulation of public relations, which resulted in the amendment of the criminal law of Ukraine, as well as eliminated the existing legal conflicts and gaps. The aforementioned periodization made it possible to clearly identify patterns of occurrence and development of legal conflicts and gaps that were directly related to the regulation of public relations in the sphere of execution of penalties, as well as being determinants in the present day, as determinants that negatively affect the status of criminal enforcement activities and the protection of foundations rights and legitimate interests of convicts.

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