Problems incorporation of the period of stay of a person to whom coercive measures of a medical character are applied to the period of punishment served in accordance with the rules provided for in part 5 of art. 72 of the Criminal code of Ukraine as edited by “Savchenko’s law”

Чаплюк, Оксана Іванівна and Загиней-Заболотенко, З.А. (2023) Problems incorporation of the period of stay of a person to whom coercive measures of a medical character are applied to the period of punishment served in accordance with the rules provided for in part 5 of art. 72 of the Criminal code of Ukraine as edited by “Savchenko’s law” Юридичний науковий електронний журнал (4). pp. 478-481. ISSN 2524-0374

Text Z_Zaginei-Zabolotenko_O_Chapliuk_2 pdf.pdf - Published Version Download (495kB)

Abstract

The article highlights the problem of the possibility of counting the term of a person to whom coercive measures of a medical nature were applied to the term of punishment according to the rules provided by part five of Article 72 of the Criminal Code of Ukraine (as amended by the “Savchenko Law”). The legal nature of pre-trial detention and coercive measures of a medical nature have been established, their distinguishing features have been established and characterized. Based on the analysis of judicial practice, two opposite approaches to solving this issue by the courts were revealed. It was concluded that in view of the different legal nature of coercive measures of a medical nature and pre-trial detention, as well as in view of the fact that in part 5 of Article 72 of the Criminal Code of Ukraine (as amended by the “Savchenko Law”) there was no indication of the possibility of applying the “day for two” rules for persons who underwent coercive measures of a medical nature during the validity of the specified Law, in the event that the convicted person committed a criminal offense, the legal consequences of which continued during the validity of the “Savchenko Law”, the rules for crediting by the court to the term of the sentence imposed on the convicted person in the form of deprivation of liberty, provided for in part 5 of Article 72 of the Criminal Code of Ukraine (as amended by the “Savchenko Law”) refer exclusively to situations where the term of such punishment includes the term of pre-trial detention, and not the term of coercive measures of a medical nature. In the event that the court resolves the issue of enrolling a person who committed a criminal offense, the legal consequences of which continued during the validity of the “Savchenko Law”, during the term of the imposed punishment in the form of deprivation of liberty, the term of coercive measures of a medical nature applied to him should be guided not by the rules provided for Part 5 of Article 72 of the Criminal Code of Ukraine (as amended by the “Savchenko Law”), and the rules defined by Part 4 of Article 84 of the Criminal Code of Ukraine and part 3 of Art. 515 of the Criminal Procedure Code of Ukraine.

Item Type:	Article
Uncontrolled Keywords:	sentencing; coercive measures of a medical nature; pre-trial detention; enrollment; “Savchenko Law”; validity; court practice
Subjects:	Це архівна тематика Київського університету імені Бориса Грінченка > Статті у наукометричних базах > Index Copernicus Це архівна тематика Київського університету імені Бориса Грінченка > Статті у журналах > Фахові (входять до переліку фахових, затверджений МОН)
Divisions:	Це архівні підрозділи Київського університету імені Бориса Грінченка > Факультет права та міжнародних відносин > Кафедра публічного права
Depositing User:	Оксана Іванівна Чаплюк
Date Deposited:	30 Nov 2023 09:14
Last Modified:	30 Nov 2023 09:14
URI:	https://elibrary.kubg.edu.ua/id/eprint/46191

Actions (login required)

View Item