ШЛЯХИ ВДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ВИКОНАННЯ СУДОВИХ РІШЕНЬ ЩОДО ЗАСУДЖЕНИХ У МІСЦЯХ НЕСВОБОДИ

Abstract

The article states that the Russian-Ukrainian war had a profound impact on important state decisions regarding the reform of the criminal justice system and its transformation into a penitentiary system. This was especially evident with the opening of new correctional colonies for prisoners of war of the Russian Federation and the serving of punishment for war crimes as servicemen of the armed forces of the Russian Federation and collaborators among citizens of Ukraine. The improvement of legal and regulatory enforcement of court decisions regarding convicts in places of imprisonment is determined by the need to revise the existing legal and regulatory framework, with the aim of bringing it into line with the new needs of the socio-economic and political-legal development of Ukraine. It is noted that the following problems have been identified in the practical sphere of bodies and institutions for the execution of punishments in terms of the execution of court decisions regarding convicts in places of imprisonment: a) the execution of court decisions by prison personnel is complicated by the fact that the bodies and institutions for the execution of punishments receive court decisions on various categories of convicts: first-time convicts, previously convicted, women, men, minors, and therefore their reception has its own peculiarities; b) description of the mechanism of execution of court decisions by the staff of places of imprisonment in the precedent practice of the Supreme Court and its analysis in terms of harmonization with national legislation and the practice of the ECHR; c) ensuring the correct interpretation of the mechanism of execution of court decisions by the staff of places of imprisonment and developing the necessary legislative initiatives on this basis; d) working out the mechanisms for the execution of court decisions by the staff of places of imprisonment by improving the criminal-executive legislation, taking into account the content of its reformatory changes, introduced amendments, prescriptions of the Constitutional Court of Ukraine, provisions of international legal acts, decisions of the ECHR and the precedent practice of the Supreme Court, which are often in the situation dynamic changes and incomplete systematization. The solution to these problems requires the Ministry of Justice of Ukraine to introduce legislative amendments to improve the current criminal-executive legislation, corrections to the functioning of the criminal-executive system, cooperation with state and non-state organizations as part of the proper execution of court decisions regarding convicts in places of imprisonment. Our analysis of the source base of the research proved the need to develop an effective concept of execution of court decisions regarding convicts in Ukraine, as various difficulties arise in practice, the causes of which are both the imperfection of domestic legislation and the reluctance of the staff of the penal institutions to comply with them. The need to introduce changes and additions to the Criminal Procedure Code of Ukraine and the current legal acts of the Ministry of Justice of Ukraine regarding the improvement of the proper execution of court decisions regarding convicts in Ukraine is substantiated. Key words: improvement, execution, court decision, convict, places of imprisonment.