CONCEPT AND GENESIS OF SERVING SENTENCES BY THE DISABLED CONVICTS IN CUSTODY

Abstract

The article states that one of the features of institutionalization of the criminal-executive system of Ukraine in the conditions of its reform is the active search for the new forms and methods of work with the convicts and detainees. The protection and rehabilitation of the invalids and disabled persons in custody play an important role in that process.

The article provides the information concerning the history of the formation and development of imprisonment of the disabled sentenced persons. There are three stages: pre-revolutionary (1649–1917), Soviet (1917–1991) and modern (1991–present).

The definition of a disabled sentenced convict is made in the article: «the person, who had the disease, which was recognized by the special medical commission before the conviction and the invalid group (I–III) was given to him/her; such person necessarily needs the social protection in accordance with the current legislation; a disabled convict serves his/her sentence at the specialized penal establishment».

The definition of the concept of rehabilitation of the disabled convicts is also made in the article: «it is the complex of legal and social measures, which are carried out by the State, penitentiary establishments, NGOs, religious and other organizations in order to create the proper conditions for their correction and re-socialization».

The doctrinal foundations of serving sentences by the disabled convicts in custody are related to the need of the in-patient treatment at the hospitals and departments for the in-patient treatment of the criminal-executive system on the basis of the special medical commission’s conclusion concerning the need of such treatment.