ON IMPROVEMENT OF LEGISLATION REGARDING ADMINISTRATIVE AND SECURITY ACTIVITIES OF PENITENTIARY BODIES AND INSTITUTIONS: INTERNATIONAL STANDARDS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article considers the need to study the problems and approaches to define the institute of administrative and security activities of penitentiary bodies and institutions. It is noted that the problem of administrative and security activities was investigated by a large number of native authors, namely by: V. Averianov, O. Bandurka, Yu. Bytiak, O. Bratel, A. Vasyliev, I. Holosnichenko, V. Zui, S. Kivalov, T. Kolomoets, V. Komarnytsky, A. Komziuk, A. Krestianinov, S. Kuznichenko, S. Mohyl, S. Pietkov, V. Plishkin, M. Tyshchenko and others. The basic regulatory legal acts, which establish and define the powers of officials, who ensure the organization of administrative and secure activities in penitentiary bodies and institutions, the views of scientists on its components and legal nature are determined, but a significant step towards the introduction of international standards into the national area of regulation of administrative and security activities in penitentiary bodies and institutions would be the elaboration of a draft Law of Ukraine “On the administrative and security activities in penitentiary bodies and institutions of the State Penitentiary Service of the Ministry of Justice of Ukraine”, which would determine, in particular, the notion, principles, legal basis for the organization and implementation of administrative and secure activities in penitentiary bodies and institutions of the above mentioned service. It is noted that the development of the system of administrative and legal support of the rights of convicted persons in the area of the effective implementation of legislation regarding administrative and security activities in penitentiary bodies and institutions (especially in the context of the aforementioned international legal acts) is a peculiar indicator of Ukraine’s efforts and real opportunity to adhere to the assumed obligations that directly affects the overall international authority of the State. It is stated that today the basic requirements of international standards of treatment with convicts have been sufficiently reflected in criminal executive legislation of Ukraine, which in most cases corresponds to the parameters that are the content of these standards.
Authors and Affiliations
В. В. Карелін
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