Execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries

Abstract

The article is dedicated to clarifying the procedure of execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries.
 It is noted that due to the optimization of penal institutions (during 2018–2021, 39 penal institutions were «preserved» in Ukraine), due to the rapid reduction in the number of convicts (including juveniles), the number of special educational institutions (educational colonies) has decreased significantly. Thus, as of the end of 2021, there were 63 persons in 1 educational colony and 1 sector for female juvenile convicts (which operates within the penal institution for men sentenced to deprivation of liberty).
 This, on the one hand, requires the administration of penal institutions to comply with the requirements of separate detention of convicts, enshrined in Art. 92 of the Criminal and Executive Code of Ukraine, and on the other – from the leadership of the Ministry of Justice of Ukraine – to consider the feasibility of using some aspects of foreign experience in organizing the process of execution of punishment in the form of deprivation of liberty concerning convicted juveniles.
 The comparative analysis for execution of punishment in the form of deprivation of liberty concerning convicted juveniles in foreign countries showed the following trends: 1) deprivation of liberty is the most severe punishment and is applied to juveniles in exceptional cases; 2) in some foreign countries the regulation of the execution and serving of deprivation of liberty concerning juveniles is carried out by independent regulations, and not by a separate section or part of the law governing the execution of sentences as a whole; 3) juveniles, compared to adults, have additional rights and freedoms, as well as kept isolated from other categories of convicts; 4) in case of further optimization of penal institutions of Ukraine and reduction of the number of juveniles sentenced to deprivation of liberty, there will be a need to create multifunctional (universal) penitentiary institutions in compliance with the requirements of separate detention of different categories of convicts.