The dissertation presents the solution of the important scientifically applied problem of functioning of the penal system of Ukraine in the current conditions of its reformation and transformation into a penitentiary. The scientific-theoretical, historical, methodological analysis of functioning of the penitentiary system of Ukraine is carried out, its current state, problems and ways of development are determined. The author's definition of the penitentiary system is proposed.
The specifics of organizational and legal bases of reforming the penitentiary system in Ukraine are clarified and scientifically substantiated proposals and recommendations for improving the legislation in this area and the practice of its application are developed, in particular.
It is determined that the conceptual directions of penitentiary reform in Ukraine are: - improvement of the legislation regulating the activity of the penitentiary system; - optimization of the network of penitentiary institutions and their enterprises, ensuring their effective functioning and profitability (profitability) of production activities; - increasing the effectiveness of combating crime and maintaining law and order in the penitentiary system; - ensuring that the conditions of detention of detainees and convicts are brought into line with international standards, creating conditions of detention that do not violate human dignity, and preventing violations of the Convention for the Protection of Human Rights and Fundamental Freedoms.
It is proposed to develop and approve at the level of the Cabinet of Ministers of Ukraine specific qualitative and quantitative criteria for deciding on the liquidation / operation of the institution, calculating the financial effect of such management decisions and assessing the risks of their adoption.
The priority measures to improve the staffing of penitentiary bodies and institutions are revealed:
- optimization of the number of staff of penitentiary bodies and institutions, adoption of the program normative document on staffing of the penitentiary system;
- development of the system of staffing the probation service and the system of training probation volunteers;
- proper monitoring of the quality of educational services provided by specialized educational institutions that provide training for penitentiary bodies and institutions;
- real demilitarization and revision of the system of attestation of personnel of penitentiary bodies and institutions;
- implementation of the policy of attracting volunteers and new staff for penitentiary bodies and institutions.
The definition of the concept of "policy in the field of execution of punishment and probation" is formed - these are the principles and goals that the state implements in the creation and application of criminal executive law, defining goals, principles, strategies, activities of penitentiary bodies and institutions. probation, their forms and methods.
It is determined that a separate category should be allocated to entities that contribute to the implementation of policies in the field of execution of punishment and probation. It is proposed to include units of the National Police of Ukraine that respond to convicts and other persons who do not comply with the court decision in terms of serving the sentence and local governments, which, among other things, contribute to the execution of community service and restraint of liberty.
It is determined that the role and place of the prosecutor's office in the system of subjects of implementation of policy in the field of execution of punishment and probation should be strengthened, including taking into account its functions and powers that can be used to protect human rights and freedoms, .
The author's definition of the state policy in the sphere of punishment and probation is formulated and the system-forming features that make up the concept of «state policy in the sphere of punishment and probation» are proposed. Thanks to theoretical experience and scientifically substantiated results, substantially new principles of state policy in the sphere of punishment and probation have been highlighted, and peculiarities of subjects of its formation and implementation have been revealed. It is proved that the penitentiary system of Ukraine today is at the next stage of its reformation and is a complex of state-legal, socio-economic and psychological-pedagogical institutions, which together provide the activity of bodies and institutions of the Ministry of Justice of Ukraine in the sphere of punishment and probation in accordance with the European integration vector development of our state.
