THE PRINCIPLE OF EQUALITY IN THE CRIMINAL AND EXECUTIVE LAW OF UKRAINE

Abstract

The article considers the essential characteristics of the principle of equality in criminal executive law. An analysis of international legal acts and norms of domestic legislation, including sectoral, for the normative definition of the principle of equality. Emphasis is placed on the natural and legal origin of the principle of equality and, taking into account this, the criteria for the impact of this principle at the level of sectoral law are analyzed. Some provisions of international legal acts in the context of reflecting the principles of equality in their content are considered. The author’s point of view on the inexpediency of assigning the principle of equality to other categories of principles, except for the category of common law principles, is expressed within the article. The scientific publication considers the formal and factual criteria for determining the principle of equality within the framework of criminal executive law. The author’s view on the organic and integral combination of these elements in the context of a comprehensive definition of the essence of the principle of equality is given. It is emphasized that formal and de facto equality is, in fact, a theoretical model of further reflection within the framework of the penitentiary law of the principle of equality in two directions as equality before the law and equality before the court. It is noted that this “two-vector” perception of the essence of the principle of equality is the most successful for the field of criminal executive law of Ukraine, as it covers almost the entire range of legal relations that may arise within this area of law. The article expresses the author’s view on the key substantive aspects of the principle of equality of criminal executive law, which include social, material, procedural aspects. It is noted that the social actually outlines the influential role of man, as well as a particular category of people within society. The material aspect reflects the normative definition of the legal personality of a person in the content of the normative legal act. The procedural aspect determines the procedural component of a person’s realization of his legal personality.