IMPRISONMENT IN THE CONTEXT OF CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND ITS APPLICATION
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
In the article are analyzed the concepts and conditions of allowability of imprisonment by Convention for the protection of human rights and fundamental freedoms and of European Court’s of Human Rights decisions and the correlation of European and national context of legal concepts of imprisonment. The Convention guarantees the liberty and personal integrity as main element of the protection of prisoner’s rights. The Convention uses the term imprisonment as a form of deprivation of liberty. Imprisonment is allowable if it is lawfully used, in full compliance with the rules of national legislation and without violations of the Convention’s rules, particularly the prohibition of torture or inhuman or degrading treatment or punishment. European Court of Human Rights accent in its decisions on the principle of proportionality, which is important in applying imprisonment. At the same time new tendences in European punitive politics are guided by the recognition human dignity of the convicts, providing the respective conditions for their maintenance, achievement the purposes of their re-socialization and prospects of dismissal even with life imprisonment. The aspects of the using of imprisonment as punishments defined in the Convention are covered by the rules of criminal law, criminal procedure and execution of punishments and corresponding legislation. The normative utterance of imprisonment in the Criminal Code of Ukraine as a whole is corresponding with the conventional conception, including the autonomous concept of punishment. The rules of the Convention and the European Court’s of Human Rights practice touch the essence, object and term of imprisonment, restrictions of the convict’s rights, imprisonment’s purposes and principles of sentencing by court. The European Court’s of Human Rights practice focuses the national law making and law enforcement for the human rights-based approach.
Authors and Affiliations
Ніна Анатоліївна Сторчак
Keywords
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