IMPLEMENTATION OF THE E-SYSTEM DURING THE MONITORING OF OBSERVANCE OF THE LAWS IN THE CONDITIONAL AND EARLY RELEASE OF CONVICTS FROM THE PUNISHMENT OR ITS SUBSTITUTION TO A LESSER ONE

Abstract

The relevance of this study is due to the complexity of calculating the terms of early release from serving a sentence and commutation of the unspent part of a sentence to a milder one. It is noted that potential corruption factors cause the risks of erroneous or deliberately incorrect calculation of the sentence served by a convicted person by correctional officers, which may lead to untimely early release of a convicted person from serving his/her sentence or commutation of the sentence. The author points out that the current level of development of information technology makes it possible to automate self-repetitive mathematical and logical operations, which is applicable, inter alia, to the prosecutor's supervision over the observance of laws in the execution of court decisions in criminal cases. The author emphasises that the creation of specialised automated electronic algorithms based on the provisions of the Law of Ukraine "On Public Prosecution" and taking into account practical developments provides the prosecution authorities with an effective and impartial law enforcement tool. The author describes the functionality and principles of operation of the computer program "Automatic calculation of the term of sentence served by a convict" (Certificate of copyright registration for a work dated 12.05.2021 No. 104528) developed by the authors, which ensures automatic calculation of the term of application of Articles 81, 82, 107 of the Criminal Code of Ukraine to convicts. It is concluded that in the context of the ongoing digitalisation of criminal justice and given the need for optimal use of human and time resources by prosecutors, it is advisable to systematically implement the developed computer program as an effective and impartial law enforcement tool for automatic calculation of the term of application of Articles 81, 82, 107 of the Criminal Code of Ukraine to convicts when prosecutors conduct relevant inspections in accordance with Article 26 of the Law of Ukraine "On Prosecution".