ON THE DETERMINATION OF THE PRINCIPLE OF DEMOCRACY IN THE CRIMINAL AND EXECUTIVE LAW OF UKRAINE

Abstract

The article considers the elements of the essential component of the principle of democracy, which together determine this principle. The provisions of international legal acts and norms of domestic legislation, including sectoral ones, on the definition of the principle of democracy are considered. The focus is on the natural and legal origin of the principle of democracy and, taking into account this, the criteria for the impact of this principle at the level of sectoral law are analyzed. The article analyzes the criteria for transparency of the activities of penitentiary institutions in the context of the implementation of the principle of democracy. The author's point of view is expressed that one of the vectors of transparency of the functioning of the penitentiary system is the participation of public organizations, associations, commissions in the process of execution and serving of criminal punishments. Emphasis is placed on the positive effect of resocialization of convicts, which causes the active participation of public and religious organizations in the process of correction of convicts. This conclusion is made taking into account the practical experience of the author of the article. The participation of supervisory commissions in the re-socialization of convicts is considered separately as an integral part of the democratization of the process of execution and serving of sentences. It is emphasized that the fact that the supervisory commissions have power is a criterion for the reflection of democracy (democracy) in the penitentiary sphere. The article argues for the importance of defining the functioning of amateur organizations in the process of correction of convicts within the principle of democracy. It is noted that amateur organizations have an exceptionally positive impact on convicts and their resocialization. This aspect contributes to the formation of internal attitudes to law-abiding behavior among persons serving sentences, which, in the end, has a positive effect on the democratization of the penitentiary system and society as a whole.