ON THE INFLUENCE OF INTERNATIONAL LEGAL ACTS ON THE EFFICIENCY OF PUBLIC CONTROL IN THE FIELD OF ENFORCEMENT OF UKRAINE'S PENALTIES

Abstract

The article clarifies the content of international law concerning the process of execution - serving sentences, their impact on the content of public control in this area of public activity, as well as identifies existing problems and developed scientifically sound ways to eliminate them.

In particular, it was established that both the European Penitentiary Rules (a recommendation for Ukraine international law) and general national legal sources concerning the formation and operation of public associations clearly define the criteria on the basis of which these public institutions and their legal representatives may be limited in their actions.

Based on this, the need to supplement Art. 24 KVN of Ukraine part 8 of the following content:

"The persons specified in this article have the right to visit penitentiary institutions in compliance with constitutional restrictions on the formation and operation of public associations, as well as in the laws determining their status, and provided that the staff of penitentiary institutions subjects and participants of criminal-executive activity ".

As the study of other international legal acts regulating the sphere of execution of punishments and having for Ukraine a recommendatory (optional) character (Basic principles of treatment of convicts; Code of principles of protection of all persons who have been detained or imprisoned in any case) Code of Conduct for Law Enforcement Officials, etc.), they also have a number of provisions that are adjusted to the content of the current Criminal Enforcement Legislation of Ukraine, but are clearer and more purposeful, which, of course, should be taken into account not only projects of legislative initiative (Article 93 of the Constitution of Ukraine) in the course of rule-making activities, but also representatives of public associations that exercise social control over the process of execution – serving sentences, if the "optional" international regulations do not contradict the law.