Rights of convicted minors: features of ensuring and implementing them during martial law in Ukraine

The article is devoted to the necessity of ensuring and implementing the rights of convicted minors during martial law in Ukraine, which is an important feature of a legal state and a democratic society. It is found out that the features of the implementation of the rights of convicted minors during martial law in Ukraine are provided for by national and international regulatory legal acts, which emphasize the observance of the rights to education, security, respect for human dignity, the prevention of discrimination on any grounds and the creation of conditions for serving sentences for convicted persons with special needs. The necessity of compliance with the UN Standard Minimum Rules for the Treatment of Prisoners “Nelson Mandela Rules” is emphasized. It is noted that in Ukraine, serving sentences by convicted minors is aimed at minimizing the differences between living at liberty and staying in correctional institutions, re-education, restoration and formation of lawful behavior, further resocialization based on the norms of law and public morality. Such an approach is a sign of a legal, democratic state and will contribute to the formation of law-abiding behavior of citizens in society. It is emphasized that in Ukraine, convicted minors have all the rights and freedoms guaranteed by the Constitution of Ukraine, and they are also assigned a number of responsibilities. While serving a sentence by a minor, a number of his rights may be legally limited. It is noted that it is important for convicted minors to ensure the right to education. This applies both to the direct acquisition of general secondary education and to the continuation of education if the person has stopped it at a certain level. Based on the legislation of Ukraine regulating the educational process, the features of general education and vocational training of prisoners are determined. Attention is drawn to the fact that incentive measures are applied to convicted minors as a way of influencing the formation of lawful behavior: convicted persons may be granted permission to participate in cultural, entertainment and sports events held outside the educational colony, provided that they are accompanied by employees of the institution; they are also allowed to leave the territory of the colony accompanied by parents or other close relatives. Disciplinary sanctions are applied for improper behavior.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-08-04
DOI
https://doi.org/10.24144/2307-3322.2025.89.3.31
Primary Topic
Legal Studies and Reforms
Type
article
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article

Rights of convicted minors: features of ensuring and implementing them during martial law in Ukraine

Oleksii Humin
Uzhhorod National University Herald Series Law
Legal Studies and Reforms
article

Rights of convicted minors: features of ensuring and implementing them during martial law in Ukraine

Oleksii Humin
article en

Abstract

The article is devoted to the necessity of ensuring and implementing the rights of convicted minors during martial law in Ukraine, which is an important feature of a legal state and a democratic society. It is found out that the features of the implementation of the rights of convicted minors during martial law in Ukraine are provided for by national and international regulatory legal acts, which emphasize the observance of the rights to education, security, respect for human dignity, the prevention of discrimination on any grounds and the creation of conditions for serving sentences for convicted persons with special needs. The necessity of compliance with the UN Standard Minimum Rules for the Treatment of Prisoners “Nelson Mandela Rules” is emphasized. It is noted that in Ukraine, serving sentences by convicted minors is aimed at minimizing the differences between living at liberty and staying in correctional institutions, re-education, restoration and formation of lawful behavior, further resocialization based on the norms of law and public morality. Such an approach is a sign of a legal, democratic state and will contribute to the formation of law-abiding behavior of citizens in society. It is emphasized that in Ukraine, convicted minors have all the rights and freedoms guaranteed by the Constitution of Ukraine, and they are also assigned a number of responsibilities. While serving a sentence by a minor, a number of his rights may be legally limited. It is noted that it is important for convicted minors to ensure the right to education. This applies both to the direct acquisition of general secondary education and to the continuation of education if the person has stopped it at a certain level. Based on the legislation of Ukraine regulating the educational process, the features of general education and vocational training of prisoners are determined. Attention is drawn to the fact that incentive measures are applied to convicted minors as a way of influencing the formation of lawful behavior: convicted persons may be granted permission to participate in cultural, entertainment and sports events held outside the educational colony, provided that they are accompanied by employees of the institution; they are also allowed to leave the territory of the colony accompanied by parents or other close relatives. Disciplinary sanctions are applied for improper behavior.

Uzhhorod National University Herald Series LawVol. 3(89)
Lviv Polytechnic National University (UA)
Peace, Justice and strong institutions
Openalex Percentile: Top 75%
Legal Studies and Reforms
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