ADMINISTRATIVE AND LEGAL CHARACTERISTICS OF THE EUROPEAN INTEGRATION FOUNDATIONS OF THE REFORMATION OF THE PENITENTIARY SYSTEM OF UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 24)Publication Date: 2020-02-29
Authors : Legenkyi Artem;
Page : 7-14
Keywords : penitentiary system of Ukraine; administrative and legal characteristics; reform; European integration principles;
Abstract
The article substantiates the urgency of reforming the penitentiary system of Ukraine on the basis of European integration based on the requirements of the Concept of reforming (development) of the penitentiary system of Ukraine, which envisages the introduction in the practice of penal institutions of international penitentiary experience and the requirements of European standards in spheres execution of sentences and treatment of prisoners. It is emphasized that this situation requires scientific analysis and generalization of the international standards of detention and the progressive experience of the countries of Europe and the world. Generalized research results aimed at determining the administrative and legal support of the European integration reform of the penitentiary system and the corresponding proposals of scientists on updating the regulatory and legal bases of the functioning of the system of management of bodies and institutions of execution of penalties, improvement of personnel, logistical and financial support of bodies and establishment of execution of penalties new technologies of management of the process of execution of sentences and detention, improved the implementation of international penitentiary standards and the creation of a framework for the functioning of juvenile justice. The administrative and legal aspects of European penitentiary standards are characterized. An indicative list of international legal documents is proposed which, in one way or another, relates to the penitentiary system. The administrative and managerial aspects of the European Prison (Prison) Rules, which underpin the Member States' penal system, are analyzed. Emphasis is placed on ensuring a non-discriminatory approach and involvement in addressing the penitentiary of social services, civil society organizations and civil society as a whole, as well as the independent monitoring and control of penal institutions. The main requirement of penitentiary European standards for the subordination of penal institutions to public authorities, with the exception of the military department or the police, has been identified. Administrative-legal and organizational-managerial models of institutional support of the systems of punishment execution in the countries of Europe and the world, which are differentiated on the basis of hierarchy and subordination in view of the possibility of their introduction in Ukraine, are investigated.
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