MEDICAL AND SANITARY CARE OF CONVICTED TO DEPRIVATION OF LIBERTY IN UKRAINE
Author (s): Karelin V.
Work place:
Karelin V.,
Doctor of Science (Law), Associate Professor,
Associate Professor of the Department
оf Legal Support of the Military Faculty of Finance
and Law Military Institute
of Taras Shevchenko National University of Kyiv,
Kyiv, Ukraine
ORCID: 0000-0002-6271-2447
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2023. № 1 (13): 119-135
https://doi.org/10.32755/sjcriminal.2023.01.119
At the current stage of its development, according to official data the Ukrainian state annually passes thousands of citizens through prisons, while a large part of all convicts experience a complex of certain rights restrictions while serving sentences related to deprivation of liberty. However, according to the existing doctrine of criminal-legal influence, it is considered that legal restrictions alone will not help to achieve the goal set before the punishment, therefore, convicts also have a significant range of various rights. One of these rights enshrined in Part 1 of Article 107 of the Criminal and Executive Code of Ukraine (hereinafter the Criminal Code of Ukraine) is the receipt of medical care and treatment, including paid medical services at the expense of personal funds or funds of relatives and friends in health care institutions who have a license from the Ministry of Health of Ukraine and are not assigned to the central executive body that implements state policy in the field of execution of criminal punishments.
Deficiencies in the medical and sanitary support of convicts can significantly worsen their quality of life and lead to negative consequences for their health. Here are some of the possible disadvantages: limited access to medical care, i.e. convicts may face difficulties in accessing medical care due to limited resources, overcrowding of medical facilities or lack of qualified medical professionals; insufficient medical equipment, i.e. the lack of modern medical equipment and devices can complicate the diagnosis and treatment of those affected; an insufficient number of medical personnel, i.e. a lack of qualified medical specialists, can lead to underestimation and incorrect treatment of the medical problems of convicts; insufficient hygiene conditions, that is, inadequate conditions for personal hygiene can lead to the spread of infections and other diseases among convicts; lack of psychiatric care, i.e. necessary psychiatric care may be limited or unavailable, resulting in undertreatment of mental illness; lack of prevention programs, that is, lack of prevention programs can contribute to the spread of diseases among convicts; disproportionate access to medication ie inmates may have limited access to necessary medication due to financial or organizational constraints; lack of proper conditions for patients, i.e. Important conditions for the treatment of patients (for example, isolation, compliance with the hospital regime) may not be sufficiently provided; insufficient medical monitoring, i.e. the absence of a system of permanent medical monitoring can lead to underestimation and insufficient response to the medical conditions of convicts; unqualified medical care, i.e. insufficient level of professional training of medical personnel can lead to errors in diagnosis and treatment.
Optimizing the medical and sanitary provision of residents is an important task to ensure their comfort and safety. Here are some suggestions that can help improve this situation: provision of high-quality medical care, i.e., to promote access of residents to high-quality medical services, including specialist consultations and treatment; creation of specialized medical centers, i.e. in the audience area, you can create medical centers or entire medical units, equipped with the necessary devices and medical equipment; development of prevention and education programs, i.e. organization of informational seminars, trainings and other forms of education, aimed at raising awareness among residents about health, hygiene and preventive measures. Implementation of modern technologies, that is, the use of telemedicine and other innovative technologies for remote consultations and diagnostics; creation of medical databases, i.e. keeping detailed medical statistics and analysis to improve medical care for the elderly; optimizing the transportation system, i.e. ensuring convenient and safe transportation of inmates to medical facilities in case of need; involvement of volunteers and specialists, i.e. involvement of medical specialists and volunteers to provide assistance and support to the elderly; development and implementation of evacuation plans, i.e. development of detailed evacuation plans and actions in case of emergency situations that may arise during the audience; creating comfortable conditions, i.e. providing a sufficient number of sanitary facilities, hygiene equipment and the possibility of cooking; coordination with public health services i.e. cooperation with public health authorities to ensure an effective response to the needs of residents.
These suggestions can help create a safer and more comfortable environment for attendees and ensure their health and well-being during events or activities.
Key words: medical and sanitary care of convicts, medical support and treatment, deprivation of liberty, legal protection, international standards for the treatment of prisoners.
References
- Ukraine (2003), Criminal Executive Code of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
- Avtukhov, K. A., Hel, A. P., Kolb O. H. and others (2015), Rights and legitimate interests of those sentenced to imprisonment under the conditions of the reform of the State Criminal and Executive Service of Ukraine : monograph, Pravo, Kharkiv.
- Bohatyrov, I. H. (2014), The doctrinal model of building a new type of penitentiary system of Ukraine: an innovative project, Kyiv.
- Bohatyrova, O. I. аnd Bohatyrov, A. I. (2018), Penitentiary science as a component of reforming the criminal and executive system of Ukraine, Bulletin of the Ministry of Justice of Ukraine, No. 4, рр. 49–53.
- Denysova, T. A. (2008), Criminal punishment: tasks and functions, practice of application. The legal system of Ukraine: history, state and prospects : in 5 volumes, Volume 5 : Criminal and legal sciences, Actual problems of fighting crime in Ukraine, Pravo, Kharkiv, рр. 208–219.
- Dzhuzha, O. M. and Kolb, I. O. (2013), Forced feeding of convicts as a means of ensuring their personal safety, Scientific Bulletin of the National Academy of Internal Affairs, No. 3, рр. 146–155.
- Lysodied, O. V. (2015), Consolidation of international and European standards of treatment of convicts in the criminal executive legislation of Ukraine (on the example of the Law of Ukraine of April 8, 2014 No. 1186 VII), Issues of fighting crime, Vol. 30, рр. 64–76.
- Bohatyrov, M. S. and Puzyrov, M. S. (2019), International legal aspects of the protection of the rights of those sentenced to imprisonment, Criminal law : a textbook, Pravo, Kharkiv, рр. 49–52.
- Romanov, M. V. (2012), Ensuring the rights of convicted minors while serving a prison sentence, Problems of legality, Vol. 119, рр. 182–192.
- Haltsova, O. V. and Stepaniuk, A. Kh. (2020), The principle of respect for human rights and freedoms in criminal executive legislation, execution and serving of punishments : monograph, Pravo, Kharkiv.
- Iakovets, I. S. and Hel, A. P. (2017), The right of prisoners to receive medical care: current status and prospects for improvement, Development of education, science, economy in the conditions of integration processes, Krok, Ternopil, Vol. 1, рр. 62–65.
- Ukraine (2016), Constitution of Ukraine : Verkhovna Rada of Ukraine, Kyiv.
- Ukraine (2003), Civil Code of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/ laws/show/435-15#Text (accessed 25 April 2023).
- Council of Europe (1950), Convention for the Protection of Human Rights and Fundamental Freedoms (with protocols) (European Convention on Human Rights) : an international document, Verkhovna Rada of Ukraine, available at: https://zakon.rada.gov.ua/laws/show/995_004#Text (accessed 25 April 2023).
- UN General Assembly (1966), International Covenant on Civil and Political Rights, Verkhovna Rada of Ukraine, available at: https://zakon.rada.gov.ua/laws/show/995_043#Text (accessed 25 April 2023).
- UN General Assembly (1984), Convention against torture and other cruel, inhuman or degrading treatment or punishment, Verkhovna Rada of Ukraine, available at: https://zakon.rada.gov.ua/laws/ show/995_085#Text (accessed 25 April 2023).
- Council of Europe (1987), European Convention for the Prevention of Torture or Inhuman or Degrading Treatment or Punishment, available at: https://zakon.rada.gov.ua/laws/show/995_068#Text (accessed 25 April 2023).
- UN General Assembly (1979), Code of Conduct for Law Enforcement Officials, available at: https://zakon.rada.gov.ua/laws/ show/995_282 (accessed 25 April 2023).
- UN General Assembly (1990), Basic principles of treatment of prisoners, Verkhovna Rada of Ukraine, available at: https://zakon.rada.gov.ua/laws/show/995_230#Text (accessed 25 April 2023).
- United Nations Organization (2015), United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules): Resolution, the General Assembly, New York, available at: https://www. unodc.org/documents/justice-and-prison-reform/SMR brochures/UN_Standard_ Minimum_Rules_for_the_Treatment_of_Prisoners_the_Nelson_Mandela_Rules-R.pdf (accessed 25 April 2023).
- Council of Europe (2006), European Prison Rules : Recommendation Rec(2006) 2-rev of the Committee of Ministers to Member States on the European Prison Rules, available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809e e581 (accessed 25 April 2023).
- Ukraine (1992), Fundamentals of Ukrainian Legislation on Health Care: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/2801-12#Text (accessed 25 April 2023).
- Ukraine (2014), The procedure for the provision of medical care to those sentenced to imprisonment : Order of the Ministry of Justice of Ukraine, the Ministry of Health of Ukraine, availavle at: https://zakononline.com.ua/ documents/show/356420___753992 (accessed 25 April 2023).
- The procedure for providing medical support to convicts sentenced to imprisonment, available at: https://wiki.legalaid.gov.ua/index.php (accessed 25 April 2023).