Tasks and Functions of the Subjects of Guaranteeing Rights of Persons Sentenced to Imprisonment in Ukraine

Serhii Bortnyk; Tatiana Korniakova; Kyrylo Muraviov; Olesia Marchenko

doi:10.34069/AI/2020.28.04.11

Serhii Bortnyk Kharkiv National University of Internal Affairs https://orcid.org/0000-0002-5281-6007
Tatiana Korniakova Department of Administrative and Criminal Law of Oles Honchar Dnipropetrovsk National University https://orcid.org/0000-0001-5993-0745
Kyrylo Muraviov Department of Administrative, Financial and Banking Law of the Educational-Scientific Institute of Law named after Prince Vladimir the Great, PJSC «Higher education institution «Interregional Academy of Personnel Management» https://orcid.org/0000-0002-4422-4116
Olesia Marchenko Department of civil, labor and economic law of the Law faculty of Oles Honchar Dnipro National University https://orcid.org/0000-0002-3265-3597

DOI: https://doi.org/10.34069/AI/2020.28.04.11

Keywords: subjects of legal relations, classification of subjects of legal relations, administrative and legal guaranteeing, tasks and functions, sentenced to imprisonment, rights and freedoms, penitentiary system.

Abstract

The purpose of the article is to identify the entities of ensuring the rights of citizens sentenced to imprisonment in Ukraine, as well as to analyze their tasks and functions.

During the writing of the article, such methods of scientific knowledge as: comparative-legal, legal analysis, dialectical, system-structural, logic and legal method were used.

The main entities of ensuring and protection the rights of citizens sentenced to imprisonment in Ukraine are identified. It is stated that the protection of the rights and freedoms of persons sentenced to imprisonment is done through an extensive system of state and non-state entities whose activity is aimed at the implementation of state policy in this field. It is proposed to classify the entities of protection of human rights and citizens, in particular they are divided into two main groups, namely who: a) are endowed with relevant functions on behalf of the state; b) perform certain functions as civil society institutions. The basic tasks of such entities are analyzed and their functions are defined and systematized (content characterization is provided). All functions of the entities of ensuring the rights of persons sentenced to imprisonment are divided into basic (normative, security, control) and additional (educational, re-socialization, social protection, prevention). It is concluded that the legislative consolidation of the tasks and functions of such entities is a prerequisite for the establishment of an effective system of ensuring the rights and freedoms of convicted persons. Such a legal mechanism must comply with universally recognized international standards in the field of the protection of human rights and freedoms.

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Author Biographies

Serhii Bortnyk, Kharkiv National University of Internal Affairs

Doctor of Law, First Vice-Rector of Kharkiv National University of Internal Affairs

Tatiana Korniakova, Department of Administrative and Criminal Law of Oles Honchar Dnipropetrovsk National University

Grand PhD in Juridical Sciences, Professor, Honored Lawyer of Ukraine, Head of the Department of Administrative and Criminal Law of Oles Honchar Dnipropetrovsk National University

Kyrylo Muraviov, Department of Administrative, Financial and Banking Law of the Educational-Scientific Institute of Law named after Prince Vladimir the Great, PJSC «Higher education institution «Interregional Academy of Personnel Management»

Doctor of Law, Associate Professor, Head of the Department of Administrative, Financial and Banking Law of the Educational-Scientific Institute of Law named after Prince Vladimir the Great, PJSC «Higher education institution «Interregional Academy of Personnel Management»

Olesia Marchenko, Department of civil, labor and economic law of the Law faculty of Oles Honchar Dnipro National University

Ph.D., Associate Professor at the Department of civil, labor and economic law of the Law faculty of Oles Honchar Dnipro National University

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