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Penitentiary system of Ukraine: theoretical and applied model

Work number - M 48 AWARDED

Presented Kherson Faculty of Odessa State University of Internal Affairs

Doctor of Law Sciences, Professor O.O. Shkuta

The objective of the paper is a comprehensive study of theoretical and applied principles of the penitentiary system of Ukraine, definition and justification of a number of conceptual scientific provisions, conclusions and recommendations that are crucial for further development of the penitentiary system and its transformation into a penitentiary system of a new European model.

On the basis of theoretical research, the author suggests the solution of an important scientific and applied problem of the penitentiary system of Ukraine operation in the modern conditions of its reformation.

The scientific and theoretical, historical, methodological analysis of the penitentiary system of Ukraine operation in modern conditions has been carried out.

The author suggests the definition of the penitentiary system of the state and the system-forming features that the concept of the ‘penitentiary policy’ contains. Theoretical developments and obtained scientifically substantiated results enabled the establishment of innovative principles of formation and implementation of the penitentiary policy and functioning of the penitentiary system of Ukraine different from the principles of penal legislation, enforcement and serving of sentences (Article 5 of the Penal Code of Ukraine).

The Concept of development of the penitentiary system of Ukraine in the XXI century has been developed taking into account the following key aspects: rational humanization of imprisonment conditions in prisons, improvement of the system of penitentiary institutions, transition to full employment of convicts, resolution of problems of the penitentiary system funding.

It has been proved that the penitentiary system of Ukraine is undergoing the next stage of its reformation today. This is a complex of state and legal, social and economic, psychological and pedagogical institutions, which together ensure the operation of bodies and institutions of the Ministry of Justice of Ukraine in the field of enforcement of criminal penalties and probation subject to the European integration vector of development of our state.

The author reasoned his understanding of the penitentiary system of Ukraine in the light of the reformation processes of the XXI century, which is manifested in consideration of the system in a broad context, supporting the vector of a unified state policy in the field of enforcement of criminal penalties and probation, which is now entrusted to the Ministry of Justice. Suggestions regarding the draft Law of Ukraine “On the Penitentiary System of Ukraine” have been submitted. It is suggested to develop the draft Penitentiary Code of Ukraine and clarify the place of pre-trial detention facilities in the system of executive bodies with further scientific substantiation of transfer of their administration to the Ministry of Internal Affairs of Ukraine.

Number of publications: 59 research papers, incl. 2 textbooks, 3 monographs (one whereof included in SENSE classification), 3 research publications in periodicals included in Scopus and Web of Science Core Collection scientometric databases. According to Google Scholar database, the total number of links is 130, h-index (per paper) = 6.