Legal regulation of the interaction penal institutions with religious organizations

Abstract

Nowadays, the process of reforming and improving the penitentiary system continues in Ukraine, which in turn helps to enhance cooperation between the authorities and penal institutions with religious organizations. Only a developed and brought up to international standards penitentiary system can re-socialize a convicted person.

The article deals with the legal principles of engagement of the authorities and penal institutions with religious organizations in the prevention of crime.

Particular attention has been paid to the analysis of international laws and regulations, domestic legislation and subordinate laws and regulations that ensure the right to freedom of religion in places of detention.

Among the analyzed international laws and regulations, the following should be identified: «The Universal Declaration of Human Rights», the Law of Ukraine «On Freedom of Conscience and Religious Organizations», «The Convention for the Protection of Human Rights and Fundamental Freedoms», «The International Covenant on Civil and Political Rights», «European Prison Rules», «UN Rules for the Protection of Juveniles Deprived of their Liberty», «Basic Principles of Religious Freedom and Assistance in Prison», and «Minimum Standard Rules for the Treatment of Prisoners» (Mandela Rules).

Among the domestic legislation, particular attention has been paid to: the Constitution of Ukraine, the Law of Ukraine «On Freedom of Conscience and Religious Organizations», the Law of Ukraine «On Pre-trial Detention», the Law of Ukraine «On the State Criminal Execution Service of Ukraine», the Law of Ukraine «On Amendments to Some Legislative Acts of Ukraine on the Regulation of the Activity of Clergy (Chaplains) in the Authorities and Establishments Belonging to the Management Sphere of the State Penitentiary Service of Ukraine», the Penal Code of Ukraine and other acts.

Thus, generalizing an international experience and domestic legislation in the execution of sentences, it can be stated that the influence of the church is important in formation of the penitentiary policy of the state, the implementation of the penitentiary process and the impact on the resocialization of the convicted persons.