Review

Some terminological and substantial flaws of modern criminal law of Ukraine in the area of regulating the institute of release from punishment and its serving are reviewed in the article. Among others inconsistency between the name of the relevant Chapter of the Criminal Code of Ukraine and its contents is pointed out; indication by one term of different institutes by their substance and criminal law meaning. Within the institute of release from punishment and its serving it is proposed to clearly create four independent sub institutes (release from punishment; release from serving a part of punishment; substitution of punishment; postponement of executing punishment) considering the contents of which changes in the relevant Chapter of the Criminal Code of Ukraine have to take place. According to the proposed approach it is proposed to separate out two forms of criminal liability realization: 1) liberal or privileged (conviction + punishment + circumstantial/non circumstantial release from it or postponement of executing punishment) and 2) repressive (conviction + punishment + serving punishment + criminal record). Necessity of coordinating provisions of the Criminal Code and the Criminal Procedure Code of Ukraine in the part of determining the order of passing guilty verdict without prescribing punishment is established. Such changes have to be built based on the approach about impossibility of release from punishment that is not prescribed. Changes to criminal and criminal procedure laws aimed at improving their provisions are developed and proposed.

Keywords: release from punishment, release from serving a part of punishment, commutation of punishment, forms of realization of criminal liability