THE EXPERIENCE OF ENSURING HUMAN RIGHTS IN PLACES OF DETENTION IN EUROPEAN COUNTRIES AND ITS SIGNIFICANCE FOR IMPROVING THE FUNCTIONING OF PLACES OF DETENTION IN UKRAINE

This article is dedicated to analyzing the challenges of upholding human rights in places of detention in Ukraine and the necessity of reforming the penitentiary system in line with international standards. It examines the current state of prisoners’ rights in Ukraine, highlighting systemic issues such as inadequate detention conditions, insufficient medical care, overcrowding in penal institutions and pre-trial detention facilities, and the lack of effective legal protection mechanisms. Particular emphasis is placed on the practice of the European Court of Human Rights (ECtHR), notably the judgment in the case of Ivchenko and Others v. Ukraine, which confirms numerous violations of Articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The study of European experiences in safeguarding human rights in places of detention is particularly relevant in the context of Ukraine’s European integration aspirations. The article reviews effective models of penitentiary systems in European countries, specifically Norway, Germany, and Spain, analyzing their approaches to the resocialization of offenders, rehabilitation programs, and mechanisms for social reintegration post-release. Special attention is given to innovative practices such as the operation of open institutions, the introduction of mentorship programs for inmates, provision of access to education and vocational training, and the digitization of penitentiary systems. A separate section addresses the challenges of reforming Ukraine’s penitentiary system, noting that the national system remains focused on isolating offenders rather than facilitating their social reintegration. In this regard, the article proposes expanding the use of alternative sentencing measures, such as probation and community service, which have proven effective in EU countries. It also explores the prospects of adopting specific European practices in Ukraine, including the potential establishment of open-type institutions for individuals convicted of non-violent crimes to enable gradual societal reintegration. The feasibility of implementing volunteer programs to support released individuals is assessed, as such initiatives aid reintegration and reduce recidivism risks. The article underscores the importance of modernizing Ukraine’s penitentiary system in accordance with international standards, emphasizing the need to align national legislation with the provisions of the European Convention on Human Rights, the European Prison Rules, and recommendations of the Council of Europe’s Committee for the Prevention of Torture (CPT). It concludes that adopting a comprehensive approach—encompassing improved detention conditions, expanded social programs, and enhanced oversight of prisoners’ rights—will enable Ukraine to meet European standards in the execution of sentences.