GENDER ASPECTS OF EXEMPTION OF MEN AND WOMEN FROM SERVING A SENTENCE OF IMPRISONMENT WITH PROBATION

Abstract

The article is devoted to the gender aspects of the release of men and women from serving a sentence of imprisonment with probation (Part 1 of Art. 75, Part 1 of Art. 79 of the Criminal Code of Ukraine) in the context of domestic legislation in the field of ensuring equal rights and opportunities for women and men (Law of Ukraine "On ensuring equal rights and opportunities for women and men" dated September 8, 2005 No. 2866-IV, the Law of Ukraine "On Principles of Prevention and Counteraction of Discrimination in Ukraine" dated September 6, 2012 No. 5207-VІ) and the draft of the new Criminal Code. Based on the analysis of the provisions of the mentioned laws regarding the concept of gender discrimination and forms of discrimination, the author provides arguments in favor of the absence of gender discrimination in relation to men who have children under the age of seven, when they are released from serving a sentence of imprisonment with probation on the basis of Part 1 of Art. 75 of the Criminal Code of Ukraine. The fact that a man has a child under the age of seven in itself can significantly reduce the social danger of a man much less often compared to mothers of children of the same age, which is due to the psychophysical and social characteristics of the latter. Therefore, the fact that a man has a child under the age of seven must be taken into account by the court in combination with other data referred to in Part 1 of Art. 75 of the Criminal Code of Ukraine; in relation to women, it is not necessary to do this, which is provided for in Part 1 of Art. 79 of the Crim-inal Code of Ukraine. In domestic criminal legislation, specific criminal law institutions regarding women have been operating for a long time and are still operating, a certain perception of Art. Art. 75, 79 of the Criminal Code of Ukraine: the very fact that a woman is the mother of a child under the age of seven is considered a circumstance that significantly reduces her social danger. In view of this, the author does not rule out that a different, unusual for domestic practice, approach to the realization of gender equality of men and women, implemented in the project of the new Criminal Code of Ukraine, may provoke situations when the courts will ignore the psychophysical and social features of women and men, which should be taken into account given the differences in their biological nature.