Journal article Open Access
Andriy M. Zhovneruk
The article is devoted to the analysis of the institution of serving of the life imprisonment punishment by women in Ukraine.
The article notes that the use of this type of punishment is quite controversial, because today there is a steady tendency in the world to refuse not only the death penalty as the supreme measure of punishment, but also the abolition of life imprisonment.
This is due to the fact that the person who is condemned for life is deprived of freedom for all biological life, he has nothing to lose, there is no point in attaining correction, rethinking his behavior, which is the purpose of punishment.
The author pays attention to the fact that life imprisonment does not apply to women in the Russian Federation, Belarus, Moldova, Kazakhstan, Azerbaijan, Kyrgyzstan, Uzbekistan, Albania and other countries with legal systems similar to Ukrainian one. This is explained by the fact that the circumstances of committing crimes by women, the severity of their harm, the degree of danger to the society of such women is less than that of men.
The global and, in particular, European practice of criminal penalties has unequivocally proved that the probable severity of punishment does not affect the level of crime, that is, it does not perform a preventive function. Thus, from the point of view of combating crime, life imprisonment is not an absolutely effective punishment.
The author notes that Ukrainian legislation in the area of regulating life imprisonment for women requires harmonization with European standards and offers ways to reform life imprisonment punishment for women.