Formation and implementation of the "right to hope" concept on the national level

Abstract

The paper describes the elements that implement and condition the "right to hope", but are the object of violation at the national level. First of all, the importance of the "right to hope" of a person imprisoned for life is emphasized, in terms of the fundamental human value – the dignity of the person. The historical retrospective of the origin of the measure of punishment in the form of life imprisonment is outlined. The interpretation of the "right to hope" in the context of Article 3 of the ECHR and the practice of the ECHR was carried out. In addition, the violation of the "right to hope" in the aspect of the lack of the right itself for a person imprisoned for life was considered. The importance of compliance with the full implementation of punishment, in the sense of correction of the convicted person, is noted, which determines the formation of the "right to hope". Attention is focused on the available mechanisms for releasing a person from serving a sentence of life imprisonment. The institution of pardon by the President of Ukraine was studied in the context of the release of persons sentenced to life terms. The compliance of this mechanism with Article 3 of the ECHR was also analyzed through the prism of the practice of the ECHR. Reports of the European Committee for the Prevention of Torture, Recommendations of the Committee of Ministers of the Council of Europe to member states were additionally analyzed. The ECHR's practice has been elaborated on parole and early release of life prisoners. The main legal positions of the Court are highlighted, in the context of the possibility of a life prisoner to be released on parole. In particular, the case "Petukhov v. Ukraine" was considered and the main remarks and instructions of the Court regarding the national mechanism for the implementation of the "right to hope" were examined. The Laws "On Amendments to Certain Legislative Acts Regarding the Implementation of Decisions of the European Court of Human Rights" No. 2689-IX dated 18.20.2022 and "On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine regarding implementation of decisions of the European Court of Human Rights" dated 18.10.2022 No. 2690-IX, which were developed back in 2020 as a normative reaction to the decision of the ECHR "Petukhov v. Ukraine".