Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue № 12(24)

DOI: 10.33098/2078-6670.2021.12.24.173-187 Ostrohliad O., Ilyn L. Criminal and legal policy on the death penalty in Ukraine: a historical and legal review of the XX-XXI centuries

Ostrohliad O., Ilyn L. Criminal and legal policy on the death penalty in Ukraine: a historical and legal review of the XX-XXI centuries

Purpose. The purpose of the study is to reveal the historical background, legal consolidation of the existence and abolition of the type of death penalty in Ukraine. The research methodology is based on the principles of historicism, systematicity and objectivity. Methods. The interdisciplinary nature of the study led to the use of a range of general scientific, philosophical and special historical methods, among which, it is appropriate to distinguish the following: historical, comparative, document analysis and others.

Results. The scientific novelty of the study is due to the challenges facing Ukraine today, on the basis of which the need to restore the death penalty in Ukraine is being discussed. It is the historical and legal analysis of events and decisions of the XX-XXI centuries that allows us to look at this issue from a different angle, as a phenomenon not inherent in Ukraine as a European state. At the same time, it is expedient to determine the preconditions for the dominance in Ukrainian society of the belief in the effectiveness of the application of the maximum penalty. This is explained to us primarily by the low level of legal culture and stereotypes established in the Soviet period that the law is primarily a punishment. Scientific novelty. Conclusions. It is established that for the territory of the modern Ukrainian state, the death penalty was not an inherent phenomenon. All attempts to introduce this type of punishment are related to the fact that the territory of Ukraine is under the rule of other states. In the case of independence, this type of punishment was abolished as soon as possible, as Ukraine has always sought European standards of humanity and treatment of convicts, and the existence of the death penalty does not allow to achieve the goal of punishment and avoid miscarriage of justice. The main recommendations according to the results of the study are the formation of a holistic concept of humanization of criminal policy and spreading the understanding among the population that in itself, even the most severe type of punishment can not significantly affect the level and dynamics of crime.

Key words: death penalty, punishment, life imprisonment, especially serious crimes, criminal liability, exceptional type.


1.     45% of Ukrainians want to return the death penalty. Retrieved from: (in Ukrainian)

2.    80% of Ukrainians support the death penalty. Retrieved from: (in Ukrainian)

3.    III Universal of the Ukrainian Central Council. Retrieved from: (in Ukrainian)

4.    Tatsii V.Ia. (Ed.) (2016). Velyka ukrainska yurydychna entsyklopediia [The Great Ukrainian Legal Encyclopedia]. (Vol.17: Kryminalne pravo). Kharkiv: Pravo, 1064 p. (in Ukrainian)

5.    Karpenko, M.I., Bandurovych, A.V. (2013). Smertna kara: buty chy ne buty? [The death penalty: to be or not to be?]. Yurydychna nauka, 5, pp. 63-69. (in Ukrainian)

6.    Criminal Code of Ukraine (1996, July 12). Retrieved from: (in Ukrainian).

7.    Kryminalnyi kodeks Ukrainy. Za stanom na 21.11.2021 r. [Criminal Code of Ukraine. As of November 21, 2021]. Retrieved  from: (in Ukrainian).

8.    Criminal Code of the USSR. Approved by the CEC of the USSR on June 8, 1927, the official text with changes and additions to November 1, 1949, with article-by-article materials and appendices] (1950). Kyiv. 172 p. (in Ukrainian)

9.    Almost half of Ukrainians want to return the death penalty. Retrieved  from: (in Ukrainian)

10.  Martsinkiv, R. R. (2015). Pravova otsinka slidcho-operatyvnoi diialnosti Sluzhby bezpeky Orhanizatsii Ukrainskykh Natsionalistiv [Legal assessment of the investigative and operational activities of the Security Service of the Organization of Ukrainian Nationalists. University scientific notes]. Universytetski naukovi zapysky. Chasopys Ivano-Frankivskoho universytetu prava imeni Korolia Danyla Halytskoho. Ivano-Frankivsk, 12, p. 297–301. (in Ukrainian)

11.   Less than 40% of Ukrainians are in favor of restoring the death penalty. Retrieved  from: (in Ukrainian)

12.   Misinkevych, L.L. (2013). Zakonodavchi zasady represyvnoi polityky radianskoi vlady v Ukraini v 20-30-ti rr. XX stolittia [Legislative bases of repressive policy of the Soviet power in Ukraine in the 20-30s of the XX century]. Universytetski naukovi zapysky, 1 (45), pp. 5-14. (in Ukrainian).

13.   The verdict of January 30, 1987, by which G.N. for the theft of state property on an especially large scale, and S.I. and K.E. – for negligence in the performance of their official duties. Retrieved from: (in Russian)

14.  About the introduction of changes to the Criminal, Criminal-procedural and Vypravno-labor codes of Ukraine: Law of Ukraine (2000, February 22). Retrieved from: (in Ukrainian)

15.   About the introduction of amendments and additions to the Criminal, Criminal-procedural codes of the Ukrainian RSR, the Code of the Ukrainian RSR on the administrative law enforcement and Mitny codes of Ukraine: Law of Ukraine (1992, June 17). Retrieved from: (in Ukrainian)

16.  About the death of the curse: Recommendation N 1246 (1994) of the Parliamentary Assembly for the sake of Europe. Retrieved from: (in Ukrainian)

17.   Decision of the Constitutional Court of Ukraine in the case of the constitutional petition of 51 People’s Deputies of Ukraine on the constitutionality of the provisions of Articles 24, 58, 59, 60, 93, 190-1 of the Criminal Code of Ukraine in part, which provides for the death penalty as a form of punishment (death penalty case). Retrieved from: (in Ukrainian)

18.  Rumiantsev, V. O. (2009). Sudova systema v Ukraini v period «ukrainskoi revoliutsii» 1917-1921 rr. [Judicial system in Ukraine during the «Ukrainian revolution» of 1917-1921.]. Problemy zakonnosti, 100, pp. 53-62. (in Ukrainian)

19.  The state of judicial proceedings in Ukraine by courts of criminal jurisdiction in 2018. Retrieved from: (in Ukrainian)

20.  Khomchenko, M. Half of Ukrainians want the death penalty returned to the country. Retrieved from: (in Ukrainian)

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького