FEATURES OF CONVICTS STAYING IN QUARANTINE, DIAGNOSTIC AND DISTRIBUTION AREAS

Author (s): Karelin V. V., Yermak O. V.

Work place:

Karelin V.V.,

Ph.D. in Law,

Associate Professor of the Department of Criminal, Criminal and Executive Law and Criminology

Academy of the State Penitentiary Service, Chernihiv, Ukraine

Yermak O.V.,

Ph.D. in Law,

Senior Lecturer of the Department of Criminal, Criminal and Executive Law and Criminology

Academy of State Penitentiary Service, Chernihiv, Ukraine

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow.2018. № 2 (4): 108-116

https://doi.org/10.32755/sjcriminal.2018.02.108

Summary:

The features and rules of convicts staying in the quarantine, diagnostic and distribution area of penitentiary institutions are defined. The analysis of the criminal-executive legislation regulating the stay of convicts in the area of quarantine, diagnostic and distribution has been made. The main normative legal acts regulating this issue are the Criminal-Executive Code of Ukraine of 2003 and the Regulations on the Quarantine, Diagnostic and Distribution Area, approved by the order of the Ministry of Justice of Ukraine dated November 4, 2013.

The Criminal-Executive Code as the basic legal document of the highest legal force regulating the legal relationship in the field of execution of sentences in Art. 95 determines that convicted persons placed in a quarantine, diagnostic and distribution area, during a period of fourteen days undergo a complete medical examination for the detection of infectious, somatic and mental illnesses, as well as primary psychological and pedagogical and other study.

It is noted that the individualization and differentiation of the execution of criminal punishment as the principles of execution of punishment differ from each other, and are important in the secondary classification of convicts.

The main aspects of the development and implementation of an individual program of social work with convicts kept in the quarantine, diagnostic and distribution area are clarified. Taking into account the peculiarities of the presence of convicts in the quarantine, diagnostic and distribution area, it is proposed its author’s definition. Thus, the quarantine, diagnostic and distribution area is a structural unit of the penitentiary institution, which is created for the purpose of primary psychological and pedagogical study of the personality of newly arrived prisoners, their complete medical examination for the detection of infectious, somatic and mental illnesses.

Keywords: medical examination, psychodiagnostics, psychological and pedagogical study, criminological characteristic, criminal and legal characteristic, program of social and educational work, differentiation of execution of punishment, individualization of execution of punishment, quarantine, diagnostic and distribution area.

References

  1. Izosimova, K.S., (2015), “Reception and detention of convicts in the quarantine station, diagnostics and distribution in the colonies of a minimum level of safety”, Scientific Herald of Kherson State University, 5, No. 2, рр. 127–130.
  2. Puzyrov, M.S., (2010), “Legal regulation of differentiation and individualization of execution of a sentence in the form of deprivation of liberty for a certain period”, Bulletin of the Academy of Customs of Ukraine. Series: Law,No. 1, рр. 137–142.
  3. Ukraine (2003), Criminal-executive code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine,
  4. Ukraine (2013), Regulations on the quarantine section, diagnosis and distribution of convicts: Order, Ministry of Justice of Ukraine,
  5. Opanasenkov, O. I., (2009), “Problems of replacing the unpunished part of the sentence with a milder punishment during the period of execution-serving punishment”, Bulletin of Kharkiv National University of Internal Affairs. 2009, No. 3 (46),рр. 90–97.

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