GUARANTEES THE RIGHT OF CONVICTED TO IMPRISONMENT FOR HUMANE TREATMENT AND RESPECT FOR HUMAN DIGNITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article deals with the existing approaches to the definition of security rights, and in particular focused attention on research guarantees the right of convicted to imprisonment for humane treatment and respect for human dignity. Formulated the following definition of legal guarantees of rights of persons sentenced to imprisonment for humane treatment and respect for their human dignity: a system enshrined in the norms of penal law conditions, tools, techniques and methods by which ensured the realization of this right, and in case of violation or unreasonable restrictions – activities of vested appropriate authority for their protection and conservation. The main role of the guarantees is to create a situation in which the right proclaimed sentenced to imprisonment for humane treatment and respect for their human dignity was the actual state of each person who is in prison conditions. Guarantees the right of prisoners to prison for humane treatment and respect for their human dignity must be: 1) Ukraine CEC rules governing constituent elements of this right; 2) the supervision and control of its implementation (such supervision and control and act as a form of violations); 3) establishing the legal responsibility of staff of penal institutions; 4) definition of mechanisms to appeal decisions or inaction regarding the right personnel sentenced to imprisonment for humane treatment and respect for their human dignity; 5) prevent violations of law sentenced to imprisonment for humane treatment and respect for their human dignity. Determined that the statutory mechanisms for the rights of prisoners to humane treatment and respect for human dignity is the most effective guarantee. However, summarized the conclusion that the penal legislation in its current form does not meet existing needs and not a necessary strong foundation for the right of those sentenced to imprisonment for humane treatment and respect for their human dignity.
Authors and Affiliations
І. М. Василюк
Keywords
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