THE RIGHT OF PRISONERS TO SECURITY DURING MARTIAL STATE IN UKRAINE
The article is devoted to the criminal-legal problems of ensuring the right of convicts to security during martial law in Ukraine, the implementation of which contributes to the observance of the fundamental rights and freedoms of convicted persons.It is proved that the right of convicts to security during martial law is one of the priority tasks of the system of execution of sentences in Ukraine.The implementation of such a task involves: arranging appropriate shelters on the territory of institutions for the execution of sentences; ensuring the evacuation of convicts, in particular, those who are in temporarily occupied territories, to safe places of serving sentences; establishing lawful communication between convicts and the administration of institutions for the execution of sentences; humane treatment of convicts and promoting the provision of their fundamental rights, freedoms and obligations.It is noted that in accordance with the Constitution of Ukraine, convicted persons enjoy all human and civil rights, with the exception of restrictions that are determined by law and established by a court verdict.The Ukrainian system of execution of sentences has set the goal of actively implementing European standards and best practices of the civilized world in solving problems of security and humane treatment of prisoners.It was emphasized that in order to preserve the life and health of convicted persons, it is important to properly carry out the procedure for their evacuation.The decision to evacuate persons serving sentences or being held in custody from territories close to combat zones to pretrial detention and execution of sentences institutions located in safe regions is made jointly by the military command and the relevant military administrations.It was emphasized that it is important not to allow any discrimination of convicts on the grounds of race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other grounds is prohibited.Such negative manifestations may provoke convicts to unlawful behavior, in particular, cooperation with collaborators.It is necessary to develop constructive relations between employees of penal institutions and convicts in order to prevent the latter from defecting to the enemy in the event of the capture of the institution.
Authors
- Oleksiy Humin
Publication Details
- Journal
- Juridical scientific and electronic journal
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32782/2524-0374/2025-5/46
- Primary Topic
- Torture, Ethics, and Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00