Current issues of protection of human rights in conflict with the law in Ukraine

In view of the above, a number of conclusions can be drawn, the consideration of which will allow to solve, or at least come closer to solving the outlined problems.

To prevent violations of human rights and promote the protection of human rights, especially those in conflict with the law in Ukraine, a number of measures should be taken, in particular:

- ensure adequate funding of the bodies and institutions of the State Criminal Law Enforcement Service of Ukraine and develop a proper scheme for the use of these funds;

- optimise the organisational and managerial structure of the State Penitentiary Service of Ukraine by creating modern multifunctional penitentiary institutions with block detention and a gradual transition to cell detention (except for minimum security institutions with facilitated detention conditions given the agricultural nature of the latter and the specifics of their management) based on the model of "dynamic security";

- eliminate high-security, medium-, and maximum-security penal colonies because they have not lived up to their purpose and are hardly used by prison administrations;

- improve the conditions of detention of convicts and detainees;

- create conditions of detention of convicts, aimed at individualising the serving of punishment and encouraging law-abiding behaviour (providing, depending on the behaviour and attitude towards labour, open short-term visits, individual use of TV and other appliances).

- change the existing system of serving a sentence where the differentiation of serving a sentence in places of imprisonment has been eliminated;

- involve the community, volunteers, social educators, coaches, etc. in the implementation of certain tasks related to the process of execution of sentences and the activities of the probation service; establish cooperation with local communities, subjects of social patronage, public, religious and non-governmental organisations in order to provide probation subjects with qualified assistance, work and housing after release;

- improve the healthcare systems of convicts and detainees, improve the quality of medical care;

- improve the prison management system and change the approach to production;

- reorganise the systems of professional training of convicts taking into account not only the interests of production of penitentiary institutions themselves, but also those of the labour market, as well as possible employment and continuing education after release;

- introduce the institution of a penitentiary judge to hear cases involving convicts only;

- introduce institutions of mediation and restorative justice that would promote the development of the convict's law-abiding behaviour, stimulate a life position that meets social norms, based on the restoration, preservation, and development of socially useful qualities and relationships, including with victims of crime, for further adaptation to independent living out of prison without the use of imprisonment;

- create a state fund to compensate victims of crimes in accordance with court rulings.

CONCLUSIONS

human right civil violation

This study established the need to ensure the development and active implementation of alternative types of punishment that are not related to imprisonment, since the criminal subculture that a person meets while serving a sentence of imprisonment constitutes one of the main determinants that contributes to the becoming and development of a criminal and professional crime as the most dangerous manifestation. This is confirmed by the results of the study of professional crime because the connection with the criminal environment is carried out through it.

Notably, the places of imprisonment hold all the prerequisites for the creation, development, and maintenance of professional crime. In correctional colonies, criminals are grouped according to different criteria: common interests and views, acquaintances, connections out of prison, etc. The question "Do you think that places of imprisonment can help "improve your criminal skills?" was answered by the majority of respondents in the affirmative (76%), and only 24% of respondents gave a negative answer. Thus, the question "While serving your sentence, did you meet with elements of the criminal subculture in places of imprisonment (prison "residence registration", stratification of people, etc.)?" most respondents (66%) answered in the affirmative, and 34% - in the negative. The question "From whom did you first receive information about the norms and rules of the criminal subculture?" the vast majority of respondents (50%) answered that they first received such information in places of imprisonment, from convicts (when they first served their sentences); 18% of respondents stated that they received this information for the first time in a pre-trial detention centre (temporary containment cell); 22% of people answered that they received it for the first time from acquaintances, friends, and family members who were out of prison (mostly from those who had previously served their sentences); 4% of people answered that they received the above information for the first time from TV shows and movie series; 2% of respondents stated that they received it for the first time from police officers, and 3.7% of respondents said they did not remember where they first received such information [20].

The author of this study also concluded on the necessity of improving the institution of pre-trial report for the imposition of appropriate punishment; provision of constant and qualified social and psychological support for convicts, both during supervisory probation and at the stage of penitentiary probation; establishment of a system of patronage over convicts released on parole within one year after release; monitoring behaviour of convicts, checking social conditions, psychological and emotional states; establishing an effective mechanism for applying approbation programmes.

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