FEATURES OF LEGAL REGULATION OF THE ACTIVITIES OF CHAPLAINS AT THE ESTABLISHMENTS OF THE STATE CRIMINAL-EXECUTIVE SERVICE OF UKRAINE AND AT THE PROBATION BODIES

Abstract

The article deals with the some issues of the legal regulation of the convicted persons’ right of the religion freedom in the conditions of serving a sentence at the penal establishments and probation agencies, as well as the activities of the clergy (chaplains) in accordance with international legal acts and national legislation.

It is stated that the national legislation regulating the freedom of religion of convicts serving sentences at the penal establishments is in accordance with the international legal acts and normative acts, which specify legal relations in that sphere, in particular: organization of carrying out the God worship and other religious rights; the order of receiving the permission by the representatives of the religious organizations to visit the penitentiary institution, etc. Pastoral guardianship of prisoners is carried out by the clerics authorized by the religious organizations, whose statutes are registered according to the current legislation and are aimed at satisfying the religious needs of the convicts and their spiritual education.

The participation of the religious organizations in the complex of measures of social, educational and psychological support of the probation clients requires further research and legal regulation. The norms of the international legal acts in that sphere are related only to the issues of the religious non-discrimination both in the of the probation bodies’ activities and in the personnel selection by the probation bodies. International acts only define the need for the probation services to work together with other public or private organizations and local self-governance bodies in order to promote the involvement of convicts in the community activities. The Law of Ukraine «On Probation» also does not contain any definition of pastoral activities in the sphere of probation or legal regulation of the activity of clergy (chaplains) in relation to the probation clients. At the same time, the above mentioned legislative act provides the possibility of involving volunteers, in particular representatives of the religious organizations, in the probation activities.