Bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens

Abstract

The article examines the bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens based on a comprehensive systemic analysis of current legislation.
 The object of the study is the legal relations formed during the implementation of the State Criminal Enforcement Service of Ukraine in the context of protection of the rights, freedoms and legitimate interests of citizens. The subject is normative-legal acts regulating the activities of the bodies and institutions of the DKVS in the field of protection of rights and freedoms of persons who are in places of deprivation of liberty, as well as the practice of their application. The methodological basis consists of methods: formal and logical analysis of the conceptual apparatus; system analysis; comparative legal analysis - to identify gaps in the legal regulation of the activities of the DKVS. It is noted that personal dignity and personal inviolability, not being the objects of criminal punishment, are actually limited when the deprivation of liberty is carried out, but these issues are not sufficiently reflected in the legislation. Such a situation does not correspond to the spirit and requirements of the rule of law. The functions of the State Criminal Enforcement Service of Ukraine are considered. It is indicated that in the legal institution of restrictions on the rights of persons serving sentences in correctional institutions, there are no necessary logical transitions from the norms of international and constitutional law to the norms of the criminal-legal complex, and within its limits from the norms of criminal law to criminal-executive law. The activity of the DKVS of the Ministry of Justice of Ukraine serves the main purpose - the execution of criminal punishments, and its most important functions are related and based on the implementation of the main means of dealing with offenders, such as regime, work, education. The effectiveness of the mentioned activity directly depends on ensuring the rights, freedoms and legitimate interests of persons who are in the sphere of activity of the DKVS.