INTERNATIONAL STANDARDS IN THE FIELD OF PUNISHMENTS EXECUTING: PROBLEMS OF IMPLEMENTATION IN UKRAINE

Author (s): Brunevych V., Kovalska P., Kemeniash A.

Work place:

 

Brunevych V.,

Head of the Center of Special Education,

Territorially Separated Branch

“Khmelnytskyi branch of the Academy of the State Penitentiary Service”, Khmelnytskyi, Ukraine

ORCID: https://orcid.org/0000-0003-2005-5685

 

Kovalska P.,

Senior Lecturer of the Center of Special Education,

Territorially Separated Branch

“Khmelnytskyi branch of the Academy of the State Penitentiary Service”, Khmelnytskyi, Ukraine

e-mail: kpg11@ukr.net

ORCID: 0000-0003-0578-2630

 

Kemeniash A.,

Lecturer of the Center of Special Education,

Territorially separated branch

“Khmelnytskyi branch of the Academy of the State Penitentiary Service”, Khmelnytskyi, Ukraine

ORCID: 0000-0002-5574-8353

 

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2022. № 1 (11): 53-65

https://doi.org/10.32755/sjcriminal.2022.01.053

Summary

The system and essence of main international acts in the field of punishments executing, their relationship with national law are analyzed in the article. The problems of implementation in national law and their further using in practice are outlined. It is determined that international cooperation finds legal expression in the recommendatory provisions of international acts, which should not be ignored, although the implementation of such provisions in each state is due to its special socio-economic, political, national, geographical and other conditions. It is determined that the significance of international standards of criminal enforcement is quite multifaceted. In political terms, the emergence of specific documents, norms, recommendations and principles is the result of political activity and interaction of subjects of international law. Being once adopted, they identify with varying degrees of categoricalness and obligatoriness important areas of state domestic criminal and criminal-executive policy. The introduced innovations of the Ukrainian legislation are a direct reflection of the norms, principles and recommendations of international norms of law, which are increasingly included in the practice of institutions and bodies of the domestic penitentiary system. However, it is not just a matter of formally bringing national norms and rules in line with European human rights standards, but their implementation. This means respect for these rights and freedoms, their proper protection and defense, which, in particular, requires further reform of domestic penitentiary system and organizational and legal support for the activities of its bodies and institutions using modern international experience. The practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, involves the improvement of such areas as health care, education, socialization and more. The implementation of this will help bring the conditions of imprisonment in Ukraine closer to the relevant international standards of convicts’ treatment, improve the observance of the rights of persons deprived of their liberty, as well as strengthen guarantees of their implementation.

Key words: punishments executing, penal institution, convict, international standards, national legislation, implementation.

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