Summary:

The article examines the current state, problems and prospects for the development of labor rights of convicts. It is noted that in Ukrainian legislation, the work of convicts is recognized as “the right to participate in labor activity”, and the theory and practice of penitentiary science considers the work of convicts as an effective correctional factor, positive labor activity for the development of the convict’s personality, a means of resocialization and management of convicts, etc. The list of international and national NPAs in the field of legal regulation of the labor of convicts has been determined, including departments, and the main principles of convict labor organization (voluntariness, fair pay, social protection, rehabilitation focus and professional training). The existing problems in the field of the realization of the labor rights of convicts are noted, in particular, the low level of wages, limited employment opportunities for convicts, the imperfection of social insurance mechanisms and the lack of a systematic approach to training, the low level of active participation of non-governmental organizations in the processes of control over working conditions and the protection of rights are noted convicts, which significantly complicates the realization of the right to work by convicts, creates obstacles to compliance with safety standards and non-discriminatory access to work.It is emphasized that the key aspects aimed at ensuring the rights of convicts, improving their working conditions, and promoting their resocialization are: raising the level of wages, developing and implementing state vocational training programs for convicts, improving legislation in the field of social protection of convicts, introducing independent control mechanisms on working conditions and safety at workplaces in correctional institutions, expansion of employment opportunities for convicts, development of post-release support programs for adaptation and integration into the labor market.

Key words: labor rights, work, work of convicts, convictions, labor relations, employment, labor activity, institution of execution of punishment, correctional colony, corrections, resocialization, State Criminal Enforcement Service of Ukraine.

References

1. Vasylyk, V. (2021), “Regulation of the right to work for citizens sentenced to imprisonment in Ukraine”, Enterprise, Economy and Law, PP. 219-225, available at: http://pgp-journal.kiev.ua/archive/2021/2/40.pdf (accessed 8 August 2024).
2. Halaburda, V. (2017), “Rights of prisoners to safe work in Ukraine”, Proceedings of the VII All-Ukrainian Scientific and Practical Conference for Cadets, Students, Postgraduates, and Adjuncts on Problems and Prospects of Occupational Safety, Lviv: Lviv State University of Life Safety, PP. 46-48, available at: https://sci.ldubgd.edu.ua/bitstream/123456789/4438/1/11.pdf (accessed 11 August 2024).
3. Lysenok, M. (2015) “Ensuring the right to work for prisoners under isolation”, Scientific Bulletin of the International Humanitarian University. Series: Jurisprudence, 13(2), PP. 78-80.
4. Matsievska, I. (2019), “Features of involving prisoners sentenced to imprisonment in work on contractual facilities”, Legal Scientific Electronic Journal, Vol. 2, PP. 214-218.
5. Shkuta, O. (2016), “Certain issues of involving prisoners sentenced to imprisonment in labor”, Scientific Bulletin of the National Academy of the Prosecutor’s Office of Ukraine, Vol. 1, PP. 111-118.
6. Yakovets, I. (2023), “Recent innovations in the legal regulation of the labor of prisoners under restriction and deprivation of liberty in Ukraine”, Current Problems of Jurisprudence, No 3(35), PP. 136-143.
7. Law of Ukraine (2016) Law on Amending the Criminal Executive Code of Ukraine Regarding the Humanization of the Execution Procedure and Conditions of Sentences, 6 September, № 1488-VIII, available at: https://zakon.rada.gov.ua/laws/show/1488-19#Text (accessed 12 August 2024).
8. Law of Ukraine (2016) Law on Amendments to Certain Legislative Acts of Ukraine to Ensure the Execution of Criminal Sentences and Realization of Convicts’ Rights, 7 September, № 1492-VIII, available at: https://zakon.rada.gov.ua/laws/show/1492-19#Text (accessed 14 August 2024).
9. Universal Declaration of Human Rights, available at: https://zakon.rada.gov.ua/laws/show/995_015#Text (accessed 8 August 2024).
10. Constitution of Ukraine (1996), 28 June, available at: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1%80#n4303 (accessed 12 August 2024).
11. United Nations (1966) International Covenant on Civil and Political Rights, available at: https://zakon.rada.gov.ua/laws/show/995_043#Text (accessed 18 August 2024).
12. United Nations (1955) Standard Minimum Rules for the Treatment of Prisoners, available at: https://zakon.rada.gov.ua/laws/show/995_212#Text (accessed 08 August 2024).
13. Labor Code of Ukraine (1971) № 322-VIII, 10 December, available at: https://zakon.rada.gov.ua/laws/show/322-08#Text (accessed 17 August 2024).
14. Criminal Executive Code of Ukraine (2003) № 1129-IV, 11 July. Available at: https://zakon.rada.gov.ua/laws/show/1129-15#n876 (accessed 9 August 2024).
15. Ministry of Justice of Ukraine (2013) Order on Approval of the Instruction on Working Conditions and Wages for Convicts, 7 March, № 396/5, available at: https://zakon.rada.gov.ua/laws/show/z038713?find=1&text=%D0%B0%D0%B4%D0%B0%D0%BF%D1%82%D0%B0%D1%86#Text (accessed 4 August 2024).
16. Council of Europe Office in Ukraine (2024) Piloting Rehabilitation Program for Convicts “Problem Solving”, available at: https://www.coe.int/uk/web/kyiv/-/piloting-correctional-programme problem-solving-as-transferrable-skill-for-prisoners- (accessed 12 August 2024).
17. Law of Ukraine (2023) Draft Law on Amendments to Certain Legislative Acts of Ukraine (on Peculiarities of Engaging Convicts in Work and Economic Activities in the Penitentiary System), Reg. No 10157, 17 October, available at: https://itd.rada.gov.ua/billInfo/Bills/Card/42964 (accessed 07 August 2024).