PRIVATE PENITENTIARY INSTITUTIONS: ADVISABILITY OF IMPLEMENTATION IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the current problem of reforming the criminal-executive institution of state power. Through the researching of public-private partnership in this area, the historical establishment of the network of private penitentiary institutions and the effectiveness of some of them have been analyzed. In addition, the article is focused on the correlation between the practice of such places of execution of penalties and basic principles of criminal-executive law, international standards for the maintenance of convicts, human and civil rights. The idea of creating private prisons originated in the United States in the nineteenth century. However, the first private penitentiary institutions, fully aimed at the work of convicted persons, were established in the 1980s. At that time, 2 the largest corporations were created - Correctional Corporation of America (CCA) and WACKENHUT. The main positive aspect of their functioning is the mutual economic effect for enterprises that actually carry out punishment and state. Also, the institutions of execution of punishments declare the presence of an elevated level of social retention of prisoners. However, there are repeated complaints of prisoners about violations of human rights. In Ukraine, the situation is compounded by the high level of corruption, which is an obstacle to adhering to the principles of criminal-enforcement law. There is also the problem of the lack of a legal and organizational mechanism for the effective control of the observance of human rights, legislation and the fulfillment of the terms of the agreement by such institutions.
Authors and Affiliations
А. Т. Завадська
Keywords
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