MAIN DIRECTIONS OF LEGAL STATUS REFORMING OF PERSONS SENTENCED TO IMPRISONMENT IN THE LIGHT OF INTERNATIONAL MECHANISMS FOR RIGHTS GUARANTEE OF CONVICTED PERSONS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article is devoted to consideration of the possibilities and ways of reforming the legal status of the convicted person and ensuring them with the help of international mechanisms. The mechanisms for ensuring the rights of persons sentenced to imprisonment in the European space give an opportunity to exercise the rights and legitimate interests of a convicted person. Unfortunately, there are difficulties in relation to the acess to these mechanisms on the part of convicts in Ukraine. All these facts show the urgent need for reforming the criminal-executive legislation. Considering the current state of international mechanisms, we can conclude that in our country most of them receive real support and proper perception from the bodies and institutions of punishment, but only under the conditions of consolidation of obligation nature of these mechanisms at the legislative level. Thus, on the way to reforming the legal status of a convicted person in the context of including of international mechanisms to its means, consolidation of the obligation of these mechanisms in the criminal-executive legislation is the most necessary and reliable, that is, their integration to the national legislation. And this, in turn, raises the need to consider those provisions that regulate the legal status of the convicted person and which are contradictory in view of their non-compliance with the rules of international acts in order to identify such norms among them that need to be changed and the change of which will lead to the facilitation of the implementation of the rights of convicts.
Authors and Affiliations
О. В. Краснокутський
Keywords
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