Formation of legal bases for activities related to prevention of penetration of convicted persons deprived of liberty, prohibited items: history and modernity

Abstract

In the article, on the basis of the results of studying of historical scientific sources and normative legal acts, concerning prevention of getting to the condemned, imprisoned, forbidden subjects, the periods of their occurrence, development and functioning in modern conditions are deduced, and also regularities of their realization in criminal executive activity of Ukraine.

Practice shows that the execution of sentences in the form of imprisonment, scientific developments that are in one way or another related to the study of issues related to the prevention of entry into the penal institutions of closed type, prohibited subjects, have close connection with legal reforms and the process of improving the criminal law of Ukraine, which began in connection with the gaining of our state independence in 1991 and the adoption in 1996 of the Constitution of Ukraine.

This problem is especially relevant nowadays, when a new stage of reforming the sphere of punishment execution began (2017) and there was a need for scientific support of the measures enshrined in the relevant state programs (strategies, concepts, etc.).

Proceeding from this, the main task of this scientific article was to find out the content of the historical principles of preventing prisoners, deprived of liberty, prohibited objects, as well as to deduce on this basis the periods of their occurrence, development and functioning in modern conditions and to establish regularities of their implementation in criminal-executive activity of Ukraine.

Thus, the results of the study of regulatory sources and scientific literature allow us to conclude that the topic of this study is relevant and of theoretical and practical importance, given that this issue has not been developed at the doctrinal level, as well as such due to the need for scientific support for the reforms currently underway in the sphere of punishment in the context of Ukraine's obligations to adapt its legislation to the requirements of European Union law, as well as ting the European Court of Human Rights and international conventions ratified by the Parliament of Ukraine.