The dissertation has carried out a comprehensive theoretical generalization and a new solution of scientific issues of administrative and legal regulation for a reformation of the penal system of Ukraine in the context of European integration made on the basis of the relevant conceptual and theoretical, and methodological foundations, aimed at solving urgent scientific and applied problems in the field of administrative law as such, which can be used for the formation of the system of improvement of administrative and legal support of the deployment of the national prison system.
The theoretical and methodological basis for the study of the administrative and legal component of ensuring the reform of the penitentiary system of Ukraine was revealed as a result of the dissertation research.
The categorical apparatus of the problem under study and the corresponding regulatory framework were analyzed. The concept and content of administrative and legal support for the reform of the penitentiary system of Ukraine in the context of European integration are defined.
According to the results of the analysis and generalization of the regulatory framework as well as the results of domestic and foreign scientific research, the author's definition of the content of the concept of "penitentiary system". An improved definition of "penitentiary service personnel".
The relevance of administrative activities and normatively regulated administrative procedures in the functioning of the structural elements of the penitentiary system is determined and the insufficiency of their legal regulation was revealed, which requires the adoption of an appropriate regulatory legal act and the development of sectoral legislation that would regulate administrative procedures within the penitentiary system.
The priority tasks of the European integration reform of the penitentiary system are identified, which include ensuring unconditional observance of constitutional human and civil rights in penitentiary institutions, avoiding punitive principles in favour of the idea of resocialization and reintegration of convicts into the system of public relations, general humanization of the penitentiary mechanism, optimization of administrative management and organizational support. It was emphasized that the solution of these problems requires a corresponding update of domestic legislation, which should be carried out on the basis of modern scientific developments and with a focus to European and world standards contained in a number of international documents of a regulatory nature, among which the European Penitentiary (Prison) Rules are of paramount importance.
It has been proved that when updating the legislative framework for reforming the penitentiary system, the use of the full cycle of public policy, which is an effective and promising mechanism of legislative activity will be the most optimal. The need to supplement this technology with the following stages of the study of the sphere of public relations and the predicted consequences of lawmaking, as well as the implementation of the adopted law through the development of its subordinate legal regulation and the adoption of appropriate organizational and methodological measures is also justified.
A scientifically grounded vision of the need to fundamentally update the system of administrative and legal regulation of the procedures for staffing the penitentiary system has been formulated. It was emphasized that the current legal regulation of such procedures is characterized by noticeable contradictions and inconsistencies that can be eliminated by unifying the legal and regulatory framework for staffing, taking into account European integration standards, the achievements of legal science, and the requirements of the present require the implementation of relevant legislative measures.
The main measures for improving the administrative and legal ensuring of reforming the penitentiary system of Ukraine in the context of European integration are proposed, which include the legislative definition of the foundations of State Penitentiary Policy, the definition of the penitentiary system itself, its tasks, the principles of activity, structure, hierarchy, and subordination, staffing and relevant administrative procedures, the mechanism of social and legal protection and material stimulation of personnel, their observance of discipline and legality. It is emphasized that these tasks can be solved through the development and adoption of the Law "On the Penitentiary System", other legislative acts with their subsequent systematization and codification.
