ISSUES RELATED TO INCREASING THE UPPER LIMIT OF THE CRIMINAL PENALTIES FOR SERIOUS CRIMES: SOCIAL AND LEGAL RESEARCH (ON THE EXAMPLE OF UKRAINE)

The realization of the state-initiated humanization process, as well as reforming the criminal-executive system with the aim of reorientation of its activities from the punitive to the re-socialization and probation in accordance with the international standards, requires bringing the current legislation in line with such norms and standards. Such process itself is long and the detailed research is needed. An important role in this process is played by the comprehensive and complete examination of both the legislation and the public opinion. At present one of the main issues, which prompt the regular discussions among the scientists, researchers, representatives of the public and religious organizations, is the expediency of increasing the upper limit of the imprisonment period. The actuality of that issue is explained by the fact that the scientists have still not been able to reach the common view, despite the long period of the relevant discussions. Some of them believe that the current legislative norms are the relic of the Soviet past and it is time to replace them by more humane measures. Some specialists are convinced that the existing imprisonment periods are short for the re-socialization of the convicted persons. Therefore, there is an objective need to make the research of the current state of the criminal law and the relevant judicial practice, which at present should be undoubtedly updated. The theoretical and legislative framework requires the introduction of the advanced foreign experience into the Ukrainian criminal-executive system. The improved system would give the possibility to the convicted persons to be punished without any prejudice to their personality and would promote their full re-socialization. As a result, it would decrease the crime rate and improve the national security.