The concept of reform (development) of the penitentiary system approved in 2017 formulates one of the tasks as to improve the legal framework relating to the process of enforcement/serving of an imprisonment sentence, and to make this activity compliant with European standards. This task flows organically from the implementation of the goals enshrined in the laws of Ukraine “On the National-Level Program for Adapting Ukraine’s Legislation to the Legislation of the European Union” and “On Making the Conditions Under Which Convicts Sentenced to Imprisonment Serve Their Sentences Compliant with the European Standards.”

In this connection, among the issues requiring reforms, particularly prominent are those which involve the use of physical coercion measures, special means and weapons to convicted inmates. In this context, it is crucial to determine the organizational and legal bases for the onset, development and functioning of this institution within criminal executive law of Ukraine.

The purpose of the article is to substantiate the need for improving the legal framework of activities relating to these issues, given that in Ukraine since January 1, 2004 till now the effective Penal and Correctional Code contains the provisions not fully consistent with the requirements of European law.

In the course of the study, the author identifies a discrepancy between the grounds sanctioning the use of force measures against convicted inmates as defined in criminal executive legislation of Ukraine and the provisions of European law, in particular, the European Prison Rules (the Rules), namely: national law does not enshrine the exclusive nature of such actions by prison staff. Besides, main circumstances are determined which give rise to the grounds of using force measures to convicted inmates, namely: 1) current legislation of Ukraine does not specify that these measures should always be regarded as extreme (cl. 64.1 of the Rules); 2) involvement of paramilitary special operations units (article 105 of the Penal and Correctional Code of Ukraine); 3) stereotypical behavior of staff of the State Penal and Correctional Service (DKVS of Ukraine) in conflict situations. The author provides scientific substantiation of the need to improve the national legal framework for the use of force measures against convicted inmates and to make such measures complaint, inter alia, with European standards.

Bibliography

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Websites

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