Proper and improper conditions of detention of persons, sentenced to imprisonment

Abstract

The article shows that the conditions of detention of persons deprived of liberty in Ukraine are far from international standards for the treatment of convicts, and the decisions of the European Court of Human Rights regarding the need to create appropriate conditions of detention have not been implemented for decades. It points out the characteristic features of proper and improper conditions of detention of prisoners, which are defined in national regulations. Attention is drawn to the fact that the measures envisaged by the penal legislation, which are aimed at restoring the rights of persons sentenced to imprisonment due to inadequate conditions of detention, are insufficient to fundamentally solve the problem of bringing the material and household and sanitary and hygienic conditions of detention of convicts and persons taken into custody in line with international standards. It is proposed not to limit ourselves only to preventive and compensatory measures due to inadequate conditions of detention, and on the way to eliminating the cause of such conditions, take the recommendations contained in a number of international documents as a model. It is noted that the amendments to the current legislation are not aimed at implementing a strategy to bring the conditions of detention of convicts into line with the European Prison Rules, which, although a recommendation document, contain minimum standard rules for the treatment of prisoners. These standards are considered by the European Court of Human Rights, the European Committee for the Prevention of Torture, and the Committee of Ministers of the Council of Europe as exemplary, which must be implemented in the national legal system, namely in the penal system of Ukraine, which must be transformed into a prison system where each prisoner is provided with a safe environment in places of deprivation of liberty and proper conditions of detention.