The regime is not an "order of execution and serving of punishment" but the program of social assistance in dealing with prisoners

Abstract

In Ukrainian criminal-executive right, it is believed that the regime in correctional colonies - is the procedure of execution and serving the punishment. Such understanding of the regime has its historical roots in the Soviet Gulahivske past. Since the 30-ies of the last century in the orders and instructions of the NKVD regime for the prisoners was the embodiment of order on the basis of their isolation. Since then to the present day guaranteeing the isolation of prisoners is considered as a basic requirement of the regime. The Soviet correctional-labor law proceeded out the fact that isolation personifies restriction of rights and freedoms that is inherent for imprisonment, otherwise the penalty. The regime requires supervision over the deprived of freedom during days and nights and constant control in places of their residence and work. The methods of maintening the regime are searches of convicts and premises in which they are located, inspection of the territory of colony; applying to the deprived of will measures of physical influence, special means and weapons. In spite of such understanding of the regime, the European Prison Rules (EPR) distinguishes between imprisonment and deprivation of liberty and proceeds from the fact that imprisonment and depriving of will are punishments by themselves and that’s why the regime for sentenced prisoners should not increase the suffering caused by imprisonment. The regime by the EPR consists of a balanced program of consultations, patronize, care and assistance aimed for facilitating the reintegration of prisoners in the free society after the expiration of their imprisonment. The regime envisages the possibility of obtaining education, training, sports, recreation. The EPR is far from being considered as the order of execution and serving of punishment. According to the EPR regime is the rules of treatment of prisoners, this is how the regime and the criminal-executive law of Ukraine should be interpreted. Actuality of the study of this aspect of the regime is caused by the necessity of developing proposals in the field of criminal executive law that would be corresponded to the legislation of the European Union, which foresees the concept of reforming (development) of the penitentiary system of Ukraine.