Legislative perspectives of ensuring public control over the observance of the rights of convicts in Ukraine

The modern system of execution of the prison sentence, unlike the first classical systems of execution of this sentence, is based on the principles of individualization, resocialization and humane treatment of convicted persons. Adapting the method of execution of the prison sentence to the convicted person in order to achieve the purpose of punishment as efficiently as possible is the basic principle of the modern system of execution of the prison sentence or a prerequisite for the successful resocialization of the convicted person. The principle of humane treatment of convicted persons is based on prescribing the basic (minimum) rights of convicts serving prison sentences by national legal regulations, but also establishing minimum legal standards at the regional and global international level. Bearing in mind the conformity of the legislation of the Republic of Serbia with the standards prescribed by international sources in the field of the rights of persons deprived of their liberty, the right of convicted persons to visits by family members and establish contacts with the outside world represent a significant factor in achieving the resocialization of convicted persons and a prerequisite for their successful reintegration into social community. The rights of convicted persons serving prison sentences in penal institutions differ, first of all, depending on whether it is the general population of convicts or, on the other hand, the so-called special categories of persons sentenced to imprisonment. One of the basic rights of convicted persons serving their prison sentence in a penitentiary is the right to be visited by family members. The subject of the author's attention is precisely the right to visit family members, but also to have other contacts with the outside world. It is a right that, basically, all categories of convicted persons have, but the right to visits by family members, the scope and frequency of visits differs depending on the category and position of the convicted person in the institution and the possibility of using the extended rights (conveniences) of the convicted person.

This research paper delves into the rights of convicts and explores the ethical and legal considerations surrounding their treatment within the criminal justice system. It examines the fundamental rights that convicts are entitled to, including the right to due process, fair treatment, access to healthcare, rehabilitation, and social reintegration. The paper analyzes the international and national legal frameworks governing the protection of convicts' rights and evaluates the challenges faced in upholding these rights. Additionally, the paper discusses innovative approaches and best practices that promote the rights of convicts, with a focus on restorative justice principles. These rights serve as a cornerstone of any just and equitable society, reflecting the belief that even those found guilty of wrongdoing must be treated with fairness, dignity, and respect. Overcrowded prisons, limited resources, societal stigma, and the potential for abuse within correctional institutions pose significant hurdles in ensuring the effective protection of convict rights. Moreover, upholding the rights of convicted persons contributes to the legitimacy and credibility of the criminal justice system as a whole. Throughout history, legal systems have evolved to establish rights for individuals facing conviction. By emphasizing the importance of respecting the rights of convicts, this research paper aims to contribute to the development of a more just and rehabilitative criminal justice system

The article deals with problematic issues in the determination by the legislator of the procedural status of a lawyer participating in criminal enforcement proceedings to consider issues arising in the process of execution of final court. An analysis of the norms of criminal procedure legislation on the powers of a lawyer and his functions to protect the rights of convicts was carried out. Attention is drawn to the imperfection of the regulatory regulation of the procedural position of a lawyer when carrying out his activities in the enforcement process to protect the rights of convicts. Differences in the legislative norms on the name of a person who protects the rights of a convicted person in a penitentiary dispute have been established, which require improvement of the current legislation. The article presents various points of view of process scientists regarding the legal status of a person providing qualified legal assistance to convicted persons in court proceedings to resolve issues of execution of a sentence. The scientific position defining the exercise of representative functions by a lawyer in executive proceedings has been criticized, since the main function of a lawyer, regardless of the type of legal proceedings, is to provide qualified legal assistance during criminal proceedings, the purpose of which is to protect violated or disputed rights, freedoms and interests of a person in need. The article reflects some positions of the Constitutional Court of the Russian Federation on the regulation of the provisions of the penal enforcement proceedings, including issues of the participation of a lawyer, which have a significant impact on the criminal process as a whole and ensuring the implementation of general legal principles of judicial proceedings, including ensuring the right to defense. The procedural norms of the legislation regulating the powers of the defense counsel in the implementation of the protection of the rights of convicts in the courts of the first, appeal and cassation instances are analyzed. Attention is drawn to the lack of legislative regulation of cases of mandatory participation and the procedure for appointing a lawyer in enforcement proceedings. The results of the study lead to the conclusion that it is necessary to endow a lawyer who protects the rights of convicts at the stage of execution of a sentence with the procedural status of a defender with legally fixed powers.

The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms is an instrument for the dynamic development of the human rights system in the member states of the European Council. Such an active formation of the latter is due to the activities of the European Court of Human Rights. However, the case-law of the court is not always accepted in national jurisdictions, especially when it comes to the most sensitive areas of life in modern societies. As the goal of the research, the author sets out the identification of the current approach of this international court to the problem of social rights of convicts, especially in the context of ensuring their social rights. The material for the research was the case-law of the ECHR on the social rights of citizens - with special attention to the rights of persons in places of isolation from society, the legal positions of domestic researchers on the problem posed. The author uses traditional research methods - general scientific and special, with an emphasis on historical, social and legal methods. The paper describes the stages of the international soft law sources formation on penitentiary rules and the impact on this of the ECHR practice in the context of the discrimination standarts prohibition regarding the right of ownership and violation of the forced (compulsory) labor prohibition. A common European standard “the right of a convicted person to retire” has not yet been developed, which has been confirmed in the practice of the ECHR. This decision is due to the need to maintain the effectiveness of the entire convention system, the policy of compromises with states. Through the dynamic interpretation of the ECHR, this right is recognized as an element of the convention rights protection, the convict should be granted an increasing amount of social rights.

The article deals with the problems of implementing the universally recognized principle of equality in penal enforcement policy and guaranteeing the rights of convicts, as well as suspects accused of committing crimes in custody. The fundamental rights of convicted and detained persons are analyzed. It is proved that not all fundamental rights of convicted and detained persons are guaranteed by law in accordance with the principle of equality, which is among the universally recognized principles of international law and is aimed at international legal protection against discrimination. It is proved that the penal enforcement legislation does not provide for legislative restrictions guaranteeing protection against discrimination on any grounds. In the case of convicted and detained persons, there are often inequalities in gender, age, property and legal aid. Now an opportunity to serve prison term concerning women and minors at the place of residence as it is provided for men isn't enshrined in the criminal and executive legislation. Such a legislative decision contributes to the severance of family and socio-useful ties among convicted women and minors. The prohibition of the use of technical means by lawyers in the territory of a correctional institution is discriminatory, since it infringes on the right of convicts to receive qualified legal assistance, guaranteed by the Constitution of the Russian Federation. The article shows the differences in penal policy between the haves and the poor, which is also classically discriminatory and unacceptable. It was concluded that the implementation of universally recognized principles of international law, including the principle of equality of citizens before the law and the court, is the responsibility of the legislative and law enforcement agencies and contributes to the achievement of the goals of criminal enforcement legislation, as well as to strengthening citizens' faith in the institutions of State power.

The relationship between crime and punishment has never been isolated. Under the influence of socio-economic, political, and cultural changes, metamorphoses of the institution of execution of punishments took place; in particular, the rights of convicts were liberalized. Therefore, it is necessary to analyze the historiography of this phenomenon in terms of international standards, as well as the peculiarities of their implementation. The work aims to characterize the implementation of international standards on the rights of prisoners in terms of historiography and legal regulation. The object of research is the norms of international law. The subject of the study is social relations that arise in the implementation of international standards on the rights of convicts in prisons. The research methods were dialectical, systemic, structural, formal-legal, historical-legal, methods of analysis, synthesis, induction, and deduction. As a result, international standards for the rights of prisoners serve as a model, an example of rational social relations in the penitentiary environment. Key aspects that should be universally considered by the governments of all countries are identified and described.

The article is devoted to the study of the genesis of the legal status of convicts during the time of Ukraine’s independence. The authors indicate that the relations between the state and those sentenced to imprisonment for a certain term and life imprisonment, as well as between the convicts in their environment and with other persons in the state-organized society, must be established by the state in a legal form - in the form of rights , freedoms and obligations. It is the observance of the rights of convicts that is given considerable attention by international organizations, as evidenced by the decisions of the European Court of Human Rights regarding non-observance of certain elements of the legal status of convicts in Ukraine. The authors believe that the question of analysis of changes in the legal status of convicts during the time of independent Ukraine is relevant. The authors indicate that in the science of criminal enforcement law, the legal status of convicts consists of three components, namely subjective rights, obligations and legal interests. Within the scope of their article, the authors consider only two components, these are subjective rights and duties. As the subjective rights of those convicted of various types of criminal punishments in the science of criminal law, the authors see the possibility, provided for by law and directly guaranteed at the state level, of certain behavior of the convicted person or his use of certain benefits, the implementation of which is entrusted to the officials of institutions for the execution of punishments and is fixed by their obligations and those of other subjects of legal relations arising in the process of execution and serving of criminal punishments. As the duties of the convicted person, the authors consider the rights established in the mandatory and prohibitive norms: the measure of the necessary behavior of the convicted person while serving the sentence, which ensures the achievement of the goals of the punishment, maintenance of law and order during its serving, observance of the rights and legitimate interests of the convicted person himself , as well as other persons. Having conducted an analysis of the Correctional Labor and Criminal Enforcement Legislation, the authors came to the conclusion that the given analysis of only two components can be asserted that during the 30 years of Ukraine’s independence, the national legislation paid attention only to its liberalization, paying attention in the vast majority to the rights of convicts without changing the approaches that reforming the system of their duties.

Abstract. The article analyzes the peculiarities of the functioning of criminal enforcement law in Ukraine during the period of martial law. We mentioned that the criminal law of Ukraine establishes the procedure and conditions for serving criminal punishments in order to protect the interests of the individual, society and the state by creating conditions for correction and resocialization of convicts, prevention of committing new crimes, prevention of torture and inhumane treatment of convicts. In addition, it was found that martial law is a special legal regime that is introduced in Ukraine or its individual localities in the event of armed aggression or a threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and citizen and the rights and legal interests of legal entities with an indication of the period of validity of these restrictions. It has been established that in any democratic state, an effective mechanism of criminal enforcement law is necessary, since the number of committed criminal offenses depends on it. It was investigated that in connection with the introduction of martial law in Ukraine, the legislator was forced to make changes to many normative legal acts in order to protect the rights and freedoms of individuals and legal entities. It has been established that during martial law, enforcement of pensions, stipends, etc., is suspended. In addition, we explored certain exceptions and new grounds for suspending enforcement. It was found that the rights of convicted persons during the martial law are quite often violated by Russia. We researched what problems Ukrainian society faced and thought about ways to solve them. Keywords: criminal law; execution of punishments; martial law; the rights of convicts.

The research paper discusses the use of the practice of the European Court of Human Rights as a mechanism for ensuring the rights of convicts. Today, the practice of the ECHR has become increasingly important not only in the fight against crime, but also in the protection of the rights and freedoms of convicts. This is evidenced by the adoption in 2014 of the Law of Ukraine “On Amendments to the Criminal Executive Code of Ukraine on the Adaptation of the Legal Status of a Convict to European Standards”, which is aimed at eliminating the shortcomings of the Criminal Executive Code of Ukraine in respect of compliance with constitutional requirements and European standards regarding the regime of serving the sentences by convicts and so on. Adoption of the said law entailed the implementation of various directions of ensuring the rights of convicts, which became the subject of this study. As part of the research, Article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms is analyzed, which states that States – Parties to the Convention undertake to ensure that everyone under their jurisdiction has the rights and freedoms set forth in the Convention for the Protection of Human Rights and Fundamental Freedoms. In view of the above, we believe that ensuring of rights and freedoms should also apply to convicts. Today, the practice of the ECHR is actively used in national law enforcement practice in the aspect of ensuring the rights of convicts. Such a statement is based on the own analysis of relevant judgments. The study leads to the conclusion that there are different ways of ensuring the rights of convicts, in particular, ensuring the right to a fair trial, the prevention of torture, inhuman or degrading treatment, etc. These directions of activity constitute a mechanism for ensuring the rights of convicts. In addition, we can say with certainty that convicts must be guaranteed all the rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms, which is possible taking into account the stay of persons in penitentiary institutions, in particular the right to life, prohibition of slavery and forced labour; freedom of thought, conscience and religion; freedom of expression; the right to an effective remedy; prohibition of discrimination, etc.

The article deals with the problems of guaranteeing the rights of convicts and persons who have served a sentence and have been released from it, taking into account conventional norms. The norms of the UN Convention against Torture and Other Same-Wanted, Inhuman or Degrading Treatment or Punishment (1984), the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (1950), the UN Standard Minimum Rules for the Treatment of prisoners (Rules of Nelson Mandela (2015) and other international acts guaranteeing the rights of convicts. The problems of formation of the Russian penitentiary policy in the field of re-socialization of convicts are shown. The ways of improving the norms of the criminal-executive legislation on the main means of correction aimed at the re-socialization of convicts after serving the sentence: educational work, socially useful work, vocational training and social impact are proposed. It is proposed in the penal legislation to provide for the profiling of correctional institutions for certain types of production activities, including on the basis of public-private partnership. The conclusion is made about the need to cooperate production activities in the institutions of the penitentiary system with similar production activities in other organizations in order to further employment of the convicted person in these organizations.

The purpose of the article is to analyze existing research on the rights of convicts and highlight their anthropological direction, as well as emphasize their importance for the anthropology of law and philosophy of law in general, constitutional law, criminal law, improving mechanisms to protect the rights, freedoms and interests of convicts. The methodological basis of the article is a set of philosophical and philosophical methods, general and special scientific methods. Determinants, in our opinion, are dialectical and: logical, formal-legal and historical, comparative-legal and systemic methods, as well as anthropological, activity and other approaches. Scientific novelty. Ensuring the inalienable natural human rights, even when it has received the status of a convicted person, requires from the state, its specially authorized bodies and officials, additional measures and means of legal influence, the establishment and maintenance of penitentiaries, re-education of these persons. Scientists have an important mission, in particular, to reveal the features of human nature, including convicts in terms of various scientific schools, human dignity, its rights and freedoms, legal awareness, socialization and resocialization, in order, above all, to prevent illegal acts, disclosure the danger of harm to such acts for themselves and others, their associations, human civilization. Conclusions. The Ukrainian state, scientific elite and officials face a number of urgent tasks to create an effective legal system that would protect human rights and freedoms, regardless of the conditions in which they find themselves. The reform of Ukraine’s penitentiary system must be based on democratic principles, in line with the European penitentiary concept and Ukraine’s national interests. This is impossible to do without a thorough scientific base, constant attention of representatives of modern scientific schools, especially the philosophy of law, and it is important that we continue to outline the areas of study of legal anthropology, penology and other scientific areas. Keywords: human rights; rights of convicts; philosophy of law; anthropological approach; legal regulation; realization of rights and freedoms of convicts.

It is established that international standards in the field of human rights are developed by international organizations and institutions, specified in the process of law enforcement of international judicial agencies, and subsequently applied in certain national systems, directly influencing the development of legislation and national practice of protecting the convicts. It is noted that international standards for ensuring the rights of persons sentenced to imprisonment define the mandatory or recommended for states normative minimum legal status of a convict, including his legal protection and the relevant legalities and responsibilities of state agencies and officials. The content and characteristic features of international legal standards in the field of human rights are determined. The main forms of using international legal norms, principles, rules and recommendations on the legal status of persons sentenced to imprisonment in the national legislation of Ukraine are highlighted; their content is analyzed. It is emphasized that the practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, provides: prevention of prohibited methods of treatment of convicts that degrade their human dignity; ensuring the legality of the activities of the staff of penitentiary institutions and agencies; bringing the conditions of detention of convicts into compliance, providing proper medical care, general education and vocational training of convicts, etc.; creation of an effective system of resocialization and social adaptation of convicts; expansion of public control over the observance of the rights of convicts while serving a criminal sentence in the form of imprisonment.

The penitentiary service is a part of the state law enforcement system and its activities are related to the interests of society. In this case, the process of execution of criminal penalties may be accompanied with harm to law enforcement interests of persons detained in prisons. The practice of penitentiary services around the world shows that there are still cases of violations of the rights and freedoms of convicts. That is why special attention has been paid to the involvement of various social groups for monitoring the rights of convicts. In each individual state, the system of control over the activities of the penitentiary service varies depending on the social and state system, the type of legal system, and the level of development of democracy. At the same time, regardless of these factors, the control over the penitentiary service is expressed in the collection of information about the activities of penitentiary institutions, the detection of violations in their work, and at the final stage in the notification of the competent authorities about the violations, monitoring the elimination of violations and shortcomings, informing the public of the results of their work. Exercising control, most democratic states draw attention to the fact that prisons, as an important part of public life, must be information-based, open and democratic. The main task of monitoring should be to ensure compliance with generally accepted ethical standards in the execution of penalties related to isolation from society. So, according to the professor of the International center for prison studies at the University of London Vivien Stern: «The international community has said, and international law has also noted, that the whole process of depriving a human being of liberty from the moment of arrest to the moment of release from a correctional institution must be humane. Humane means ethical. Throughout this process, we must remember that a prisoner is a human being like us and has the right to have his or her human nature respected». The presented work is devoted to the description and analysis of legal regulation of public control over ensuring the rights of convicts in Russia and Belarus. The review reveals the actual problems of normative regulation activities of public control subjects, as well as provides a comparative legal analysis of the regulatory framework of Russia and Belarus in this area.

The article examines certain legislative problems regarding the establishment and interpretation of public influence as a means of public control over the observance of the rights of convicts during the execution of criminal sentences. On the basis of certain articles of the Criminal and Executive Code of Ukraine, in particular part 3 of Art. 6 and Part 2 of Art. 25 of the Criminal and Executive Code of Ukraine analyzes the regulation of public control over the activities of bodies and institutions that carry out criminal punishments. It has been established that among the problematic issues related to public control are issues of theoretical and legislative interpretation of public influence as one of the means of public control over the observance of the rights of convicts during execution of criminal punishments. Attention is drawn to the fact that the current Criminal-Executive Code of Ukraine does not fix the definition of public influence on the convicted person, only refers to the need for its application, in particular indirectly indicates some forms of this work in the Criminal-Executive Code of Ukraine. This situation allows subjective and broader interpretation of this remedy, which leads to violations in law enforcement practice. In addition, the Criminal Executive Code of Ukraine indicates the application of the entire set of correctional means only in relation to punishment in the form of deprivation of liberty. It has been proven that public influence is one of the most effective methods, which, unfortunately, is not given due attention. The participation of public and religious organizations (public influence) is an integral part of the process of resocialization of convicts and key elements of the practical component of the implementation of the principles of democracy within the framework of criminal law. The imperfection of national legislation in the field of public control, in particular public influence, negatively affects the development of a democratic, social and legal state. For the full and comprehensive implementation of the institution of public influence in practical activities, as well as the avoidance of double interpretation, it is necessary to establish at the legislative level, in the norms of criminal law, the definition of the institution of public influence on convicts, disclosure of its content, conditions of application to each specific type of punishment, which will contribute to justified and timely application of this remedy, including when executing punishments that are not related to the isolation of the convicted person from society.

The state pays special attention to the issues of observance of the constitutional right of convicts deprived of liberty for health protection. Along with international acts, the laws and by-laws of the Russian Federation are aimed at ensuring the rule of law in the system of implementation of the constitutional rights of convicts serving a sentence of imprisonment. The paper deals with some problems of realization of the constitutional right of convicts deprived of liberty to health protection, and some issues of legal of public relations in the field of monitoring the legality of the execution of punishment in the penitentiary system and ways to protect the right to health protection. The statistical data show that the level of violations in the sphere of material and household, medical and social security of persons serving sentences in places of deprivation of liberty is reduced in the Altai territory. In addition to the existing methods of protection of the right to health protection, there is a need to legally expand the scope of powers of public monitoring commissions, specify the duties of the penitentiary system in cooperation with the monitoring commissions, determine the timing and forms of information, as well as a clear legal regulation of access to documents of the penal system and personal data of prisoners deprived of liberty. Key words: health care, medical care, convicts to deprivation of liberty.