THE PRINCIPLE OF PUBLICITY OF THE CRIMINAL-EXECUTIVE LAW OF UKRAINE

Abstract

The article is devoted to the definition of the principle of publicity in the criminal-executive law of Ukraine. The need to perceive this principle as an integral component of the system of criminal and executive institutions is emphasized. It is noted that despite the absence of a literal textual reflection of the principle of publicity in the criminal-executive law, this principle is reflected in the structure of the norms of this normative legal act, as well as in the content of criminalexecutive law. The article points out that publicity as a principle of criminal enforcement law should be perceived in two key aspects (criteria). The first is the determination of the leading role of officials of bodies and institutions for the execution of punishments in the regulation of legal relations of criminal-executive law. In addition to these officials, this aspect of publicity is also characteristic of other state authorities that may be involved in this area of legal relations. First of all, this applies to the prosecutor, who supervises the observance of laws in the execution of court decisions in criminal cases. Also, such a criterion fully applies to the court, which, taking into account modern realities, can also significantly influence the outcome of such legal relations. It is noted that the publicity of criminal enforcement law is also characterized by the aspect of transparency, because the transparency of this category of legal relations is extremely necessary considering their specificity and the consequences of their implementation. It is emphasized that this criterion of publicity is reflected in the wide involvement of representatives of the public in the field of criminal enforcement law in the form of the participation of observation commissions in solving certain issues related to the execution of criminal punishments.