Lototskyi M. Inclusion of house arrest in the period of serving the sentence

DOI: 10.33098/2078-6670.2022.14.26.163-170

Purpose. The purpose of the work is to research the current legislation, which should ensure the right of a person to “equality of all participants in the legal process before the law and the court” when imposing punishment. The author of this work substantiates the theses of including a preventive measure in the form of house arrest as a type of punishment for restricting freedom.

Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling.

Results. In the course of the research, it was recognized that in the criminal procedural legislation of Ukraine, the use of the preventive measure “detention”, unlike the preventive measure “house arrest”, is not counted as a type of punishment for a person. This violation of the criminal legislation of Ukraine violates the constitutional rights of a person, in particular, “citizens have equal constitutional rights and freedoms and are equal before the law.” The author suggests making changes to the Criminal Code of Ukraine in order to improve the current criminal legislation. Scientific novelty. As for the development by scientists of the topic of crediting punishment for criminal offenses, this topic is new. In the process of research, it is scientifically proven that in criminal proceedings, the application of a preventive measure to a person/persons, house arrest limits the rights and freedoms of a person and should count as a type of punishment.

Practical significance. The results of the research can be used in law-making activities for the further improvement of national criminal procedural legislation regarding the improvement of the institution of preventive measures, in the practical work of courts when including preventive measures in the term of a person’s punishment, as well as in the educational process during the teaching and learning of the educational disciplines of “Criminal procedural Laws of Ukraine” and “Advocacy”.

Key words: right to defense, preventive measure, detention, house arrest, suspect, accused, pre-trial investigation, trial, defender, prosecution.

References

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