GENDER ASPECTS OF THE RELEASE OF MEN AND WOMEN FROM THE END OF THE SENTENCE IN THE FORM OF RELEASE OF FREEDOM FOR A CERTAIN PERIOD IN THE EVENT OF THE BIRTH OF A CHILD

Abstract

The article is devoted to the gender aspects of parole of men and women from serving a sentence of imprisonment for a specified time (Art. 81, Art. 83 of the Criminal Code of Ukraine) in the context of domestic legislation in the field of ensuring equal rights and op-portunities for women and men (Law of Ukraine "On ensuring equal rights and opportuni-ties 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). Based on the analysis of the provisions of the mentioned laws regarding the concept of gender discrimination and forms of discrimination, the authors provided arguments in favor of the fact that the presence of a provision in the Criminal Code of Ukraine on the parole of a woman who has given birth to a sentence of imprisonment for up to 5 years is not gender discrimination against a certain category of men. We are referring to men who had a child while serving this type of sentence, in cases where at the time of the child's birth they had already served the sentence provided for in part 3 of Article 81 of the Criminal Code of Ukraine. The birth of a child, death or disability of the mother should be taken into account by the court when deciding on the possibility of applying to him for conditional early release from serving a sentence on general grounds. Men sentenced to imprisonment for up to five years who had a child before the expiry of the terms provided for in part 3 of Article 81 of the Criminal Code of Ukraine may be subject to discrimination on the basis of gender. Therefore, the possibility of their early release from serving this sentence in excep-tional cases should be enshrined in legislation, provided that they demonstrate their reform through good behaviour and attitude to work.