LEGAL SECURITY OF CONVICTS IN PLACES OF IMPRISONMENT OF THE STATE CRIMINAL ENFORCEMENT SERVICE OF UKRAINE
DOI:
https://doi.org/10.33244/2617-4154-3(16)-2024-247-256Keywords:
personnel, legal security, convicts, places of imprisonment, State Criminal Enforcement Service of Ukraine, disciplinary responsibility, rank-and-file and senior officers, service, official discipline, abuse of official positionAbstract
The article examines problematic issues related to the security of prisoners in places of imprisonment of the State Security Service of Ukraine, including: torture, violence, humiliation of human dignity, extortion, etc. The reasons and conditions that may violate the safety of convicts in places of imprisonment while serving their sentence are singled out. The considered forms of ensuring the right of convicts to personal safety in correctional colonies of the State Security Service of Ukraine
Studying the problem of legal security of convicts in places of imprisonment of the State Security Service of Ukraine, we established that it is an indicator of psychological tension in groups of convicts, in the relationship between convicts and staff of places of imprisonment, etc. Therefore, in our opinion, one of the most important directions of the state policy in the field of execution of punishments should be the real provision of the safety of convicts by the personnel of the correctional colonies of the Ministry of Justice of Ukraine. This is also due to the fact that the Department of Corrections of the State Criminal Enforcement Service does not pay enough attention to this issue.
The relevance of writing this article regarding the legal safety of convicts in places of imprisonment is confirmed by the recent events taking place in the criminal-executive system of Ukraine, in particular, malicious crimes committed by convicts in the administration of the penal institution, refusal of food, a significant number of appeals by their relatives to the Commissioner of the Supreme Council on human rights and facts published in the mass communication media regarding torture, violence, humiliation of human dignity, extortion, etc.
It has been proven that the legal security of convicts in places of imprisonment is not just regulated in the current legislation by the actions of the personnel of the bodies and institutions of the Ministry of Justice of Ukraine regarding the protection of the rights and freedoms and legitimate interests of the convicts while they are serving their sentence, it is also a guaranteed right to the convict life, health, other vital and socially significant interests from causing harm, on the part of convicts or staff of places of imprisonment.
It was concluded that the issue of the legal safety of convicts in places of imprisonment of the State Security Service of Ukraine should be a priority task of the bodies and institutions of the Ministry of Justice of Ukraine. This is due to both theory and practice of execution and serving of punishment. At the same time, we note the important role played by the staff of prisons in this process.
The author's definition of the right of convicts to personal safety in places of imprisonment is formulated – this is the right guaranteed to the convict by the Constitution of Ukraine, the Criminal Executive Code of Ukraine and other normative legal acts to protect life, health, other vital and socially significant interests from harm, as well as to prevent danger and threats, which arise in convicts while they are serving their sentence.