- sentenced to imprisonment, rights and freedoms, legal status, legal support, normative-legal regulation, normative-legal act
- https://doi.org/10.33270/01201174.45
- Pages 45-52
Today, the problem of realization, protection and defense of human rights in places of imprisonment appears as one of the most important tasks, because building a European democratic state governed by the rule of law is impossible without creating a reliable and effective system of individual rights and freedoms. The problem of individual rights in general and the rights of persons sentenced to imprisonment, in particular, has a universal, multifaceted nature. This category is philosophical, moral, political and, at the same time, legally significant both for individual states and for the world community, because in any democratic state of human and civil rights and freedoms, their responsibilities are the most important social and political and legal. an institution that objectively becomes a measure of society's achievements, an indicator of its maturity and civilization. The Constitution of Ukraine recognizes a person, his life and health, honor and dignity, inviolability and security as the highest social value. Respect for human rights is a fundamental constitutional principle in Ukraine, the action of which accordingly directs the whole set of social relations. The promotion and protection of human rights and freedoms are proclaimed the main duty of the state. The purpose of the article is to determine the legal basis for regulating and protecting the rights of citizens sentenced to imprisonment in Ukraine. Methodology. During the preparation of the article, some general scientific and special scientific methods of cognition were used, in particular: historical, philosophical and legal, comparative, systemic, functional, generalization. Scientific novelty. As a result of an empirical study of the legal framework for the regulation and protection of the rights of citizens sentenced to imprisonment in Ukraine, the state of problems in ensuring the regulation and protection of the rights of persons sentenced to imprisonment was analyzed. It is proved that one of the circumstances that negatively affects the state and efficiency of correctional colonies to ensure the rights of convicts is insufficient scientific support of this issue and the lack of comprehensive research in this area. An additional argument for the need for scientific research in this direction is the current state of a person in the conditions of his isolation from society, which is constantly subject to illegal encroachments on his life and health. The need to improve the legal mechanism for regulating and protecting the rights of convicts has been proved. taking into account international experience. The main negative causes and conditions that contribute to the commission of crimes in places of imprisonment, as well as affect the state of ensuring the rights of convicts to protection of life and health, namely: health; nconsistency of the procedure for execution and serving of sentences in the form of imprisonment of Ukraine with international legal acts and foreign experience in ensuring the protection of life and health of convicts. Conclusions. During the years of independence in Ukraine, a number of normative legal acts aimed at ensuring the rights of persons sentenced to imprisonment, effective implementation of state policy in the field of protection and defense of the rights of convicts in Ukraine have been developed and adopted. However, in the context of active reform of national legislation in this area and its adaptation to European standards, it is possible to note a large number of issues that require significant improvement at the legislative level, in particular, development and regulation of forms and methods of administrative and legal rights of convicts. imprisonment, determination of new organizational means of administrative and legal support of the rights of citizens sentenced to imprisonment, interaction between the subjects of ensuring the rights of citizens sentenced to imprisonment, establishment of legal guarantees of legality, discipline and internal order in penitentiary bodies and institutions, consolidation new criteria for assessing the effectiveness of ensuring the rights of citizens sentenced to imprisonment in Ukraine