Abstract

The article is dedicated to the peculiarities of the legal regulation of guaranteeing the right of convicts to long-term visits. The circle of persons with whom the convict may be granted visits has been investigated. A legal analysis of the provisions of Part 1 of Art. 110 of the Criminal Executive Code of Ukraine has been completed. It was concluded that the application of the term "spouses" in the specified norm to persons living as a family but are not married is inadmissible since the term "spouses" includes a man and a woman who have a registered marriage (a family union of a woman and a man, registered in the body of the state of registration of vital records). At the same time, the legal status of "spouses who were living as a family, but were not married" under the family legislation of Ukraine, is held by "persons who are having a factual marriage relationship."
 The article discusses the reasons for giving long-term visits to persons having a factual marriage relationship. In particular, the conclusion was formed that the proper ground for granting long-term visits to a woman and a man living as a family but not married is exclusively a court decision establishing the fact of living as a family. At the same time, ways to eliminate the legal gap are defined, according to which the fact of having common minor children is a determining ground for granting long-term visiting. Because limiting the right to long-term visits only by the existence of minor children violates the principle of equality before the law for persons having common adult children, and living as a family but not married.
 The authors propose several improvements to the existing legislation and steps to liberalize criminal law. So, in particular, it is suggested to grant convicts long visits with persons with whom they live as a family but are not married, without the requirement of having children together. It is proposed to liberalize long-term visits for convicts and remove restrictions on the right to joint rest with friends or solving work issues of convicts who, presumably, due to long-term visits with business partners, will be able to be engaged in entrepreneurial activities.

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