The concept and types of punishments under the criminal legislation of the Slovak Republic

Introduction. The institution of criminal punishment is a complex phenomenon that not only formalizes the types and measures of responsibility for criminal acts, but also serves as an indicator of dominant value orientations and social priorities in a particular society. In this regard, studying the experience of foreign countries provides an opportunity not only to get acquainted with foreign criminal legislation, but also to learn more about domestic criminal legislation and improve it. The presented article is devoted to the analysis of the concept of punishment and its types in the criminal legislation of the Slovak Republic. It discusses the main provisions governing the appointment and execution of punishments, as well as the classification of punishments depending on their purpose and nature. The article also analyzes the specifics of certain types of punishments provided for by the Criminal Code of the Slovak Republic in their comparison with domestic criminal legislation.

Purpose. The purpose of the presented research is to comprehensively study the concept of punishment and its types in the context of the criminal legislation of the Slovak Republic, which involves analyzing the main provisions of the Criminal Code of the Slovak Republic, criminal law doctrine, as well as identifying problems and prospects for the development of the Slovak penal system.

Methods. When conducting a study of the institution of punishment in Slovak criminal legislation, a set of generally accepted scientific research methods was used, including such general scientific and private scientific methods as: a logical and structural method for analyzing legal norms, which made it possible to systematize the studied material, reveal the essence of punishment, its goals and types; a comparative historical method, thanks to which continuity in development was established. institute of punishment by comparing the current Criminal Code of the Slovak Republic of 2005 with the norms of the Criminal Code of Czechoslovak Republic of 1950.; а comparative method that was used in the comparative analysis of domestic and foreign experience, which made it possible to identify common features and national characteristics.

Results. The author critically evaluates the approach presented in the criminal legislation of Slovakia regarding the indication in the sanctions of articles of a special part of only one type of punishment – imprisonment. Attention is drawn to the fact that the appointment of alternative types of punishment solely on the basis of judicial discretion allows the court to perform, in fact, the functions of a legislator, which erodes the principle of separation of powers, which is constitutionally enshrined. In this regard, the approach of the domestic legislator seems more acceptable, which directly provided for the possibility of imposing various types of punishments in the sanctions of the articles of the Special Part, which reduces the risk of judges exceeding their powers. At the same time, the author emphasizes the positive side of the existing Slovak criminal legislation, noting progressive steps towards the humanization of punishments and the introduction of alternative ways to correct the behavior of criminals.

Conclusions. A study of criminal punishment has shown significant similarities in the regulation of this institution in Slovak and Russian criminal law. The key similarities relate to the fundamental concepts and principles underlying both legislations: the concept, objectives and system of punishment – these basic categories are interpreted almost identically. The inevitability of punishment, the need for an individual approach to choosing punishment depending on the identity of the perpetrator, the circumstances of the crime, and the recommendation for the maximum possible imposition of non–custodial punishments - these international standards have also found their way into the current Slovak and Russian criminal laws.

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