Правове регулювання реалізації права на освіту засудженими до позбавлення волі / Legal Regulation of Exercise of Right to Education Convicted to Imprisonment
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The article deals with the main provisions of the legislation of Ukraine on the implementation of the rights of convicts for education, as well as the ways of improving the process of training in penitentiary institutions. The provisions of the Criminal Executive Code (hereinafter referred to as CEC) concerning the organization of training prisoners are analyzed. The emphasis is placed on the fact that the CEC does not contain any indication of the right to receive higher education by persons in detention. It was clarified that educational activities on provision of vocational education are not carried out in all penitentiary institutions, which is an obstacle to the implementation of the constitutional right to education. Also, the lack of vocational training is the extremely limited choice of specialties that prisoners can learn. Considered normative legal acts on the basis of which convicts can exercise their constitutional right to higher education through distance learning. The position of the ECtHR regarding the inadmissibility of the violation of the right of convicts to education, including by not granting access to the Internet and refusing to grant a temporary release for convicts, is highlighted. The theoretical positions regarding disposable, institutional and situational obstacles arising from convicted persons on the way of education are considered. The article suggests ways to improve the process of training in places of detention, such as: introduction of incentive measures for trainees, information work, the introduction of an e-book into the list of items that convicted persons may have with them, provision of free access to the Internet, involvement public participation in joint projects on educational activities. The article provides an example of successful public and penitentiary co-operation - Project Code.7370 San Quentin in the United States. It is believed that the introduction of similar programs in Ukraine would facilitate the reduction of recidivism and the return of the convicted persons after sentencing to law-abiding life.
Authors and Affiliations
Kostiantyn Avtukhov, Anastasiia Pata
Keywords
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