ПРО ДЕЯКІ ЗМІСТОВНІ ЕЛЕМЕНТИ ПРИНЦИПУ ГУМАННОГО СТАВЛЕННЯ ДО ЗАСУДЖЕНИХ У СФЕРІ ВИКОНАННЯ ПОКАРАНЬ УКРАЇНИ

Abstract

A study of the scientific literature, regulations and practice of the execution of sentences in Ukraine shows that one of the problems that significantly affects the effectiveness of penal enforcement activities and the effectiveness of the process of correcting and re-socializing convicts to deprivation of liberty is the lack of adequate legal guarantees and a mechanism to protect the right of these persons to a humane attitude and respect for their human dignity. As a result, convicts are every year victims of criminal attacks both by persons serving prison sentences and other persons, in particular personnel of correctional and educational colonies. Cases of such crimes are consistently recorded in penal institutions almost annually, from 1991 to 2021 inclusive. These socially dangerous acts continue to take place in the field of the execution of sentences in Ukraine, despite numerous attempts to reform the activities of penal authorities and institutions by bringing the system into line with international standards. That is why, and given that since the full subordination of the SCC of Ukraine to the Ministry of Justice of Ukraine in 2016, a new period of reform of penitentiary institutions has begun, which is associated with their modernization and bringing the conditions of execution and serving sentences in accordance with these standards. also the fact that it is related to the existing problems in ensuring the right of convicts to humane treatment and respect for their human dignity, a comprehensive study of this problem is needed, especially at the doctrinal level. At the same time, it should be noted that today in Ukraine there is an insufficient level of theoretical development of certain issues related to the proper implementation of this right in the process of serving and executing sentences. This is due to the fact that most of these publications are fragmented or cover this research subject from the point of view of the provisions of other penal institutions. In particular, there is no holistic and comprehensive understanding of the content of the right to humane treatment of convicted persons in the field of the execution of sentences in Ukraine, as well as of its elements and mechanisms for ensuring in practice, including the legislative level of regulation of these issues. In particular, there is no holistic and comprehensive understanding of the content of the right to humane treatment of convicts in the field of execution of sentences in Ukraine, as well as its elements and mechanisms in practice, including the legislative level of regulation of these issues. These and other circumstances, including the lack of a clear approach in scientific doctrine to determine the content of the socio-legal nature of the right of persons sentenced to imprisonment for humane treatment, necessitates in-depth study of this institution to further improve it, which was crucial in choosing the topic of this scientific article.