DECISION OF THE CONSTITUTIONAL COURT OF UKRAINE ON THE CONSTITUTIONALITY OF ARTICLES 81, 82 OF THE CRIMINAL CODE OF UKRAINE IN THE PRACTICAL USE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The relevance of the study lies in the assessment and analysis of the decision of the Constitutional Court of Ukraine on the application of the provisions of Articles 81, 82 of the Criminal Code of Ukraine, which are unconstitutional because they violate the personal rights of those sentenced to life imprisonment because they cannot be applied. The decision on unconstitutionality is commensurate with the convention requirements due to the practice of the European Court. The purpose of the study is to examine the specific features of the decision of the Constitutional Court of Ukraine regarding the compliance of articles of criminal legislation with the Constitution of Ukraine, to analyse the functioning of the institution of clemency in international experience, to examine the practice of the European Court of Human Rights regarding the parole of persons sentenced to life imprisonment. The methods used to examine the subject are: comparative, legal recognition, logical and legal, hermeneutical, analysis methods. Among the results of the study are the determination of the fact of violation of the constitutional rights of convicts due to the lack of prospects for release from punishment; characteristics of the court's decision on the admissibility of the provisions of criminal legislation, considering convention requirements; disclosure of human rights violations by comparing life imprisonment with the end of a person's life cycle; analysis of the practice of the European Court regarding the Prohibition of the use of life imprisonment. The paper also suggests ways to solve these problems. It is proved that the decision of the Constitutional Court of Ukraine satisfies the Convention requirements. The provisions disclosed in the study will be useful for analysing court decisions and creating recommendations for overcoming gaps in criminal legislation to harmonise it with the Constitution of Ukraine and comply with its obligations to protect human rights and dignity.