POSTPONEMENT OF THE EXECUTION OF THE SENTENCE IN THE CONDITIONS OF MARTIAL LAW

Abstract

The article examines the issue of the postponement of the execution of the sentence in the conditions of martial law. Attention is focused on the fact that the suspension of execution of the sentence was enshrined in the Criminal Code of Ukraine of 1960, which has lost its validity, and was extended to military personnel and conscripts. It is noted that in cases where the convicted person proved to be a steadfast defender of the Motherland, at the request of the relevant military command, the court may release him from punishment or replace the punishment with another, milder one. It was determined that in the Criminal Code of Ukraine of 2001, the provisions on the postponement of the execution of the sentence were replaced by the legal institution of exemption from punishment. It is noted that, as of today, the postponement of the execution of the sentence is enshrined in the Criminal Procedure Code of Ukraine and contains exhaustive cases of application. It was emphasized that in order to overcome armed russian aggression and any other in the future, there is a need to expand the grounds for applying the suspension of the execution of the sentence, providing for a special ground related to martial law. Attention is focused on the mandatory elements of the suspension of the execution of the sentence in the conditions of martial law: the need for quantitative expansion of the number of convicts who wish to join the Armed Forces of Ukraine is emphasized, establishing not the categories of crimes depending on the severity, the convictions for which make it impossible to apply the suspension of the execution of the sentence, but an exhaustive list components of crimes, the commission of which deprives the convicted person of the right to a reprieve. It is established that the specified legal institution will have an appropriate period of application and can be applied for a special period. It is noted that the need to introduce encouraging legal norms that will provide the opportunity for the courts to mitigate the punishment or even exempt it from further serving under appropriate conditions. The original version of the reason for the postponement of the execution of the sentence in the conditions of martial law is proposed.