The institute of penalty in Ukraine in the Soviet period: repressive and punitive paradigm

Authors

  • Oksana Yaremko Ternopil National Economic University

DOI:

https://doi.org/10.35774/app2017.01.095

Keywords:

a person, repressive way of thinking, repressive and punitive paradigm, institute of penalty

Abstract

The article deals with the research of the institute of penalty in Ukraine under the Soviet Union. It has been proved that places of detention in the Soviet period were a kind of slavery camps. It has also been stated that the core purpose of punishment was primarily destruction, intimidation and revenge. It has been suggested that the law of penalty, based on repressive mindset, was politically directed content. The author proved that ratio-central approach had a lack of humanism and spirituality with the pseudo legal way of thinking in the socialist era, besides the rude utilitarianism, which clearly dominated. It is noted that a person was of no value in the context of class-party approach to penal institution.

References

Kudryavtsev, V.(2005). Strategii borby s prestupnostyu [Strategies for combating crime]. (issue 2). Mykolaiv : Science [in Russian].

Klimchuk, Ye. (2000). Problema smertnoy kazne v obychaye i v ugolovnom prave [The problem of the death penalty in custom and in criminal law]. Rossiya : sravnitelnyy analiz - Russia: comparative analysis. Mykolaiv [in Russian].

Nersesyants, V. (1983). Pravo: mnogoobraziye opredeleniy i yedinstvo ponyatiy [Law: the variety of definitions and the unity of concepts]. Sovetskoye gosudarstvo i parvo - Soviet state and law [in Russian].

Malyarenko, V.(2005). Perebudova kryminalnoho protsesu Ukrayiny v konteksti yevropeyskykh standartiv [Restructuring of the criminal process of Ukraine in the context of European standards]. Kyiv: Yurinkom Inter [in Ukrainian].

Uparov, I. (2000). Nakazaniye v vide lisheniya svobody v sovetskom gosudarstve [Punishment in the form of deprivation of liberty in the Soviet state]. Krasnodar: the Krasnodar Department of the Ministry of Internal Affairs of Russia, the Kuban SEI [in Russian].

Published

2018-09-18

Issue

Section

CRIMINAL LAW AND CRIMINOLOGY. THE PENAL LAW. CRIMINAL PROCEDURE AND CRIMINALISTICS. FORENSIC EXAMINATION. OPERATIONAL AC

How to Cite

Yaremko, Oksana. “The Institute of Penalty in Ukraine in the Soviet Period: Repressive and Punitive Paradigm”. Actual Problems of Law, no. 1, Sept. 2018, pp. 95-100, https://doi.org/10.35774/app2017.01.095.