Role of prosecutor's office as participant criminal and executive activity in implementation of the international standards of treatment of convicts in corrective labor colonies of Ukraine

Abstract

In article with "it is established essence and content of activity of prosecutor's office as participant of criminal and executive legal relationship, with implementation of the international standards concerning the convicts imprisoned and also its role in prevention brutal and degrading treatment and punishment concerning these persons is defined.

The need to address this issue in this paper is due to several circumstances:

1. a) first, the critical condition in the sphere of execution of penalties of Ukraine and which acts as one of the determinants, which negatively affects the efficiency of execution and serving of sentences in the form of imprisonment and, in particular, reduces the level of protection of fundamental rights, freedoms and legal the interests of persons held in correctional colonies;
2. b) secondly, the objective need to involve all the subjects and participants of criminal enforcement activities in the process of reforming the activity of bodies and institutions of execution of punishment of Ukraine, one of the tasks of which is to ensure the implementation of international standards of treatment of prisoners, deprived of liberty in practice;
3. c) third, the new status of the prosecutor's office, which it received as a result of the amendment of the Constitution of Ukraine and the Law of Ukraine "On the Prosecutor's Office", which, in turn, adversely affected the effectiveness of supervising the observance of laws in the correctional colonies of Ukraine;
4. d) fourthly, the tasks arising from the content of Ukraine's international commitments, in particular, the approximation of national legislation to that of the European Union;
5. e) fifth, the theoretical rethinking of the content of criminal activity in Ukraine in the current context and the development of adequate science-based measures to address these issues.

In this context, the question of the prosecutor's office's role in the implementation of international standards for the treatment of prosecutors in the sense of criminal-enforcement activity, who oversee compliance with the laws in the sphere of punishment and probation, is quite relevant issue (Art. 22 of the KVC and Art. 26 of the Law of Ukraine "On the Prosecutor's Office").

It was these circumstances that led to the choice of the topic of this article and determined its main task – to develop a set of scientifically substantiated measures aimed at enhancing the role of the prosecutor's office in bringing the current criminal law of Ukraine on specified issues to the requirements of the legislation of the European Union.