ASPECT ON THE PRINCIPLE OF RATIONAL APPLICATION OF COERCIVE MEASURES AND STIMULATION OF LAW-ABIDING BEHAVIOR IN THE CRIMINAL-EXECUTIVE LAW OF UKRAINE

Abstract

The article examines the elements of the essential component of the principle of rational application of coercive measures and stimulation of law-abiding behavior in the criminal-executive law of Ukraine. The theoretical positions regarding the definition of the specified branch basis are analyzed. The positions of scientists regarding the division of the specified principle into two separate principles, namely the principle of rational application of coercive measures and the principle of stimulating law-abiding behavior, are considered. The author's position is expressed regarding the perception of the researched principle exclusively in the version specified in the current criminal-executive law. It is emphasized that only the definition and perception of the specified principle in a complex creates prerequisites for the proper definition of its essence. The author's position is expressed regarding the perception of the basis under investigation as complex. Despite this, the possibility of a separate study of individual elements of the specified principle is indicated. The article draws attention to the fact that a separate element of the research principle in the form of rational application of coercive measures requires a separate analysis. Attention is focused on the absolutely dominant point of view among scientists, researchers of criminal-executive law regarding the identification of the specified element of the researched principle with measures of a disciplinary nature in relation to convicts. The position regarding the assignment to this category of measures of physical coercion against convicts, namely handcuffs, rubber batons, etc., was supported. It is noted that the above-mentioned element of the researched principle should also take into account other aspects of coercive practice contained in the criminal-executive law. The author's opinion is expressed that force-feeding measures are fully regulated by the researched industry principle. At the same time, the category of rationality is also quite relevant for coercive measures of a medical nature, which determines the fact and nature of their application. It was also emphasized that, under the specified conditions, compulsory treatment of convicts should also be included in coercive measures.