CURRENT STATE OF THE INTERNATIONAL LEGAL STANDARDS IMPLEMENTATION OF LIVING CONDITIONS SECURITY OF SENTENCED TO IMPRISONMENT IN UKRAINE

Abstract

The article is devoted to the analysis of the norms of international legal acts in the field of the treatment with prisoners, such as the European Penitentiary Rules and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), as well as the results of a sociological survey of convicts and staff on the subject of the implementation of international standards in the domestic system of punishments execution. It was clarified that the relevance of the study of international standards in the field of living conditions security for sentenced to imprisonment is confirmed by the survey of both the staff and the convicts. According to the results of a sociological survey of those sentenced to imprisonment, it was ascertained that the living quarters of the colonies where they are serving their sentences meet the sanitary and hygienic standards in the vast majority – 82.6%, partially meet – 14.2%, do not meet – 3.1%. It was established that the availability of work in the colony and, accordingly, payment, also significantly affects the possibilities of improving the living conditions security of convicts. More than 12% of respondents indicated that they are lack of job security (employment) and an adequate level of remuneration. Convicted respondents quite favourably supported the proposal, as an experiment, to allow those sentenced to imprisonment to cook food by themselves, 78.1% of respondents supported it. The article emphasizes the need to improve the legislation and practice of detention of convicts in accordance with international standards. After all, the system of living conditions security for sentenced to imprisonment in Ukraine, according to its formal features, meets the requirements of international legal acts, but the mechanisms of such security do not really give such persons access to such standards. The conclusions of the article can be useful for legislators, human rights organizations and other interested parties in the work to improve the conditions of detention of convicts in Ukraine. Key words: international standards; sentenced to imprisonment; living conditions security; penal colonies; Nelson Mandela Rules; European penitentiary rules.