LEGAL REGULATION OF EXEMPTION FROM PUNISHMENT DUE TO ILLNESS: DOCTRINAL GAPS AND ENFORCEMENT CHALLENGES

The article explores issues arising in the case of early release from serving a sentence in the form of imprisonment due to illness. The authors consider the grounds for such exemption and raise the issues of the lack of legal criteria to be considered by the court when deciding on the exemption from punishment due to illness and preventing and combating recidivism among these persons. The authors conclude that the reasons behind recidivism among prisoners released on medical grounds include the lack of control and insufficient consolidation of norms regulating legal relations arising with this category of persons after their release in criminal, penal, and criminal procedural legislation.