ON THE SOCIAL AND LEGAL NATURE OF PROHIBITIONS REGARDING FOOD FOR CONVICTS, IMPRISONED THEY HAVE THE RIGHT KEEP WITH THEM

Abstract

The article analyzes the norms of criminal-executive law that relate to prohibitions on products and substances that convicts can receive in packages, buy in shops of penitentiary institutions and keep for themselves, and also developed scientifically based proposals aimed at reducing their list at the regulatory level.

In April 2014, Ukraine adopted a series of amendments to the penal legislation aimed at bringing the conditions of execution - serving a sentence of imprisonment to European standards. The relevant mechanisms for the implementation of this task are defined, in particular, in the Concept of reforming (development) of the penitentiary system of Ukraine, approved by the decree of the Cabinet of Ministers of Ukraine in September 2017. At the same time, one of the systemic requirements imposed by the European Community on Ukraine is a significant improvement in the nutrition of persons held in detention facilities. Important in this respect is the provision of the European Prison Rules (hereinafter referred to as the EPC), which states in paragraph 22.1 that prisoners should be provided with a complete diet, taking into account their age, health, religion, culture and the nature of their work. At the same time, nutrition requirements, including the minimum amount of calories and proteins, are determined by national law.

However, as practice shows, the very issue of nutrition for prisoners serving imprisonment in Ukraine is always subject to negative evaluation by relevant international experts and decisions of the European Court of Human Rights (EU PP). In this context, the object of criticism in this context is also defined in the rules of the criminal law of the prohibition of certain types of foodstuffs that prisoners have the right to keep with them (imprisonment) (h. 7 Article 102, Article 108, 112 – the Code of Enforcement (CCC) and Annexes 3, 5 to the Rules of Internal Order of Penitentiary Establishments (JIU of Penitentiary).