СУЧАСНІ ПІДХОДИ В КЛАСИФІКАЦІЇ ЗАСУДЖЕНИХ З УРАХУВАННЯМ СТУПЕНЯ ЇХ СУСПІЛЬНОЇ НЕБЕЗПЕКИ

Abstract

The article points out that today’s segregated system of holding convicts for punishments related to deprivation of liberty in Ukraine, has been handed down to us since the Soviet regime, so there is a need to rethink the very essence of this system. It is also noted that today, when determining the criteria for separate convicts’ detention, a legislator mainly takes into account gender, degree of recidivism, severity of the committed criminal offense, types of committed criminal offenses (such distribution is characteristic only for correctional colonies of the maximum security level and is provided for by Article 140 of the Criminal Executive Code of Ukraine), convicts’ age, etc. It is considered expedient to supplement the classification system with such components (criteria) as: the type of criminal activity and the degree of danger posed by a convicted person. The need for such changes is outlined in international documents in the field of protection of convicts’ rights. In particular, the maintained analysis of international documents in the penitentiary field provided grounds for concluding that in order to ensure safe conditions in penal institutions, it is necessary to comply with the following requirements: as soon as possible after convict’s arrival at a penal institution, it is necessary to obtain information about the convict’s state of health and determine the appropriate level of security for the convict, the security threat they pose. While determining the security threat, the following are taken into account: the risk that the convict may pose to society by escaping (if this risk exists, it is determined whether he will try to escape on his own, or will involve other convicts, representatives of the administration, etc., as a part of a group or with external help). Another aspect of examining convict’s identity is to find out whether they pose a safety threat to other convicts, the administration of a penal institution or other persons in the institution, and whether they are capable of self-harm and suicidal behaviour. Key words: convicts, staff, penal institution, distribution of convicts, security.