L. Prypolova THE PROBLEMS OF ADAPTATION OF NATIONAL LEGISLATION TO THE INTERNATIONAL PROTECTION LAW IN THE FIELD OF PROTECTION OF THE RIGHTS OF PERSONS WHO COMPLY WITH PENALTIES IN PLACES OF EMPLOYMENT

THE PROBLEMS OF ADAPTATION OF NATIONAL LEGISLATION TO THE INTERNATIONAL PROTECTION LAW IN THE FIELD OF PROTECTION OF THE RIGHTS OF PERSONS WHO COMPLY WITH PENALTIES IN PLACES OF EMPLOYMENT

Abstract

The article substantiates the relevance of the problem of adaptation of national
legislation to international law in the context of the protection of the rights of
persons serving sentences in the form of deprivation of liberty. The authors of the
problem are singled out. It is noted that international standards on the protection of
the rights of convicts are a set of internationally accepted principles, conventions,
recommendations and norms in various spheres of activity of penitentiary institutions.
The essence of certain international legal acts (European Penal Code, Minimum
Standard Rules for the Treatment of Prisoners) is analyzed. The article examines
individual legal acts of Ukraine and their projects designed to overcome the
problem of adaptation of the norms of national law to the norms of international
law in the field of protection of the rights of persons in detention.
It is concluded that international normative acts have established general
rules for dealing with convicted persons, giving the state the right to supplement
them with the list of legal restrictions that it deems appropriate. Such acts establish
the limits of the restrictions that form the basis of the isolation of the convicted person.
Domestic science and law-makers are actively working on the issue of maximizing
the approximation of the norms of national legislation to the norms of international
law in the field of the protection of the rights of persons serving sentences in
places of deprivation of liberty.