The above thesis includes the List of notations, Introduction, three Sections that involve ten Subsections, Conclusions, List of references and Appendices.
In the Introduction, the justification of the relevancy of the subject of the thesis, the information about its goal and tasks, the object and the subject, the methodological principles and the empiric bases used, its scientific novelty and practical significance of the results obtained, as well the approbation of the results of the studies are given.
The present thesis is dedicated to studying the victimization of the convicts in the penitentiary facilities and its prevention. In accordance with the results of the above studies, the conclusions, as well as the suggestions and recommendations have been formulated of both theoretical and practical importance. The above provisions and recommendations allowed the system of theoretical and practical views on the condition, the tendencies and prospects of the development of this direction of activity to be obtained and the particular ways of their realization in the law-making process and the practical activity of the lawenforcement authorities in Ukraine to be suggested. The thesis justifies a series of new conceptual provisions, conclusions and recommendations of the important theoretical and practical significance.
On the basis of the interdisciplinary approach (the analysis of the theoretical provisions of the criminal law, criminology and the criminal executive law) and the generalization of the developments of the foreign authors, the categories of the ‘victimity’, ‘victimization’, ‘personal security of convicts in the penitentiary facilities’, ‘form of realization of the convict’s right to the personal security’, ‘control of the state of the personal security of convicts in the penitentiary facilities’ have been determined making a ground for the further differentiation of the measures of preventing the convict victimization in the Ukrainian penitentiary facilities.
The contemporary state and the tendencies of the convict victimization in the Ukrainian penitentiary facilities and the main sources of such invasions have been determined, the convicts belonging to the groups of risk of the criminal invasions of the personal security in the Ukrainian penitentiary facilities have been characterized and classified.
The dissertator has justified the expediency of amending the Criminal Executive Code of Ukraine and other regulatory and legal acts concerning the improvement of the legal mechanism of providing the personal security of convicts in the penitentiary facilities of Ukraine and developed the draft law of Ukraine concerning the amendment of the Criminal Executive Code of Ukraine and the Instruction on the order of provision of the personal security of convicts in the penitentiary facilities of Ukraine.
The present work updates the notion of the ‘victimologic determinants of criminality that stipulate the process of the convict victimization in the penitentiary facilities’. The dissertator has refined both the theoretical approaches to the correlation of the notions of ‘injured’ and ‘victim’ of the crime and the practical approaches to the special and individual prevention of the victimization of convicts in the penitentiary facilities. The kinds of the control of the state of provision of the convict rights to the personal security.
The present thesis provides a further development of the approaches to the necessity of creation of the continuous system of preventing the crimes, in particular, the recurrent ones, according to the formula: ‘suspected – accused – prisoner on trial – convict – suspected’ and justifies the role of the injured in the criminalization and penalization of the socially dangerous acts in the penitentiary facilities on the basis of the analysis of the statistical data on the crimes committed by the convicts during serving the punishment and determination of the safety places for the convicts in the correctional facilities in Ukraine on the basis of studying the positive foreign experience.
