ДЕРЖАВНА ПОЛІТИКА У СФЕРІ ВИКОНАННЯ ПОКАРАНЬ В УКРАЇНІ: БЕЗПЕКОВИЙ ВИМІР

Abstract

State policy in the field of execution of punishment in the security dimension is implemented by bodies and institutions of execution of punishments of the Ministry of Justice of Ukraine. It is noted that the main subject of the formation of such a policy is the Verkhovna Rada of Ukraine. Because of the fact that Ukraine is on the way to European integration, the state policy in the field of execution of punishment in the security dimension should be consistent with international policy, which plays an important role in the formation and implementation of international standards for the treatment of convicts and prisoners. It has been proven that the state policy in the field of execution of punishment in the security dimension, being in a close relationship with other elements of it, acts as a guarantor of the safety of convicts and personnel of institutions of the State Criminal and Executive Service of Ukraine and probation bodies as State institution «Probation Center». Our thorough analysis of the source base of the subject of research shows that domestic scientists do not pay enough attention to the state policy in the field of execution of punishment in the security dimension, since this policy is considered, as a rule, by scientists, in the context of criminal law policy. Our thorough analysis of the source base of the subject of research shows that domestic scientists do not pay enough attention to the state policy in the field of execution of punishment in the security dimension, since this policy is considered, as a rule, by scientists, in the context of criminal law policy. At the same time, the state policy in the field of execution of punishments in the security dimension should also affect the balance of interests of personnel and convicts during the execution/serving of punishments, which will allow to open a new vision of reforming the criminal and executive system of Ukraine and its transformation into a penitentiary system, create equal opportunities between subjects of penitentiary legal relations for the realization of a single goal: socialization, resocialization and reintegration of convicts into society after release. The opinion is substantiated that the state policy in the field of execution of punishments in the security dimension should undergo appropriate conservation, conservatism in places of imprisonment (Latin «conserve» – protect, preserve), which is one of the guarantees of its stability. In this regard, the legal meaning of the concept of state policy in the field of execution of punishments in the security dimension should be enshrined in the new Criminal Code of Ukraine, as a priority of the supremacy of the rights and legitimate interests of convicts during execution/serving of punishment. The main security dimensions of the execution of punishment in the bodies and institutions of the execution of punishments of the Ministry of Justice of Ukraine were formulated, namely: legal security of convicts and staff of places of imprisonment; manifestations of subculture among convicts; violence in places of imprisonment, both among convicts and personnel and convicts; material and household support, health care, safety of convicts’ involvement in work; features of execution of punishments not related to deprivation of liberty in the occupied territories; challenges of war, etc. New approaches to the implementation of state policy in the field of execution of punishments in the security dimension are proposed. They can be implemented by the Ministry of Justice of Ukraine after our victory over the aggressor state of the Russian Federation. Key words: policy, penitentiary system, execution, punishment, convict, personnel, academic staff, State Criminal and Executive Service of Ukraine, places of detention, security dimension, health care, legal status, rank and command staff, legitimacy, disciplinary liability, abuse of official position, correction, resocialization, material support, subculture, violence, torture.