About the Necessity to Discontinue Life Implementation

The article is devoted to exploring theoretical considerations about the need to abolish life imprisonment as such which does not meet the primary purpose of punishment. The criminal legislation and the criminal enforcement characteristics of punishment in the form of life imprisonment as the main punishment in accordance with the Criminal Code of Ukraine are presented; and; analyzes the criminal and criminal law of Ukraine, which regulates the execution of sentences in the form of life imprisonment; determine sentence and life imprisonment. The article deals with the comparative analysis of the life imprisonment procedure in Austria, England, Denmark, Spain, Latvia, Norway, Poland, Germany, Switzerland. In Ukraine, a life sentence may be released from serving this sentence only after serving a 20-year term on the basis of a Presidential Decree. It is established that in foreign law, in view of national peculiarities, the issue of early release of prisoners from life imprisonment is resolved in another way and with certain peculiarities. A study of the provisions of criminal law in these countries shows that their parole mechanism is aimed at balancing the protection of the rights and freedoms of the convicted person and the protection of the rights and legitimate interests of others, society and the state. The laws of these countries do not, as a rule, refuse to use life imprisonment, but they do have certain mechanisms in place to control prisoners who monitor their behavior in society. That is, a prisoner has a real chance to be released. This is the main purpose of the punishment - the correction of the convicted person. That is why the Declaration adopted at the Sixth United Nations Congress in 1981 (the "Karakak Declaration") stated that life imprisonment would not meet the desired goals if there were no adequate measures to return such prisoners to the mainstream of social life in the appropriate stage. In Ukraine, there is a problem with the achievement of the purpose of punishment, so this article is quite relevant. The author outlined several positions regarding the solution of this problem in Ukraine in terms of analysis of foreign legislation