The article analyzes advanced practices of the functioning of penitentiary systems in foreign countries. Attention was focused on such aspects as: the expediency of using deprivation of liberty as the main form of punishment, the types of institutions for the execution of punishment, the functioning of state and private institutions of deprivation of liberty and the expediency of introducing a similar practice in Ukraine, professional training of personnel of institutions of deprivation of liberty. In particular, it was established that such type of punishment as deprivation of liberty is not an effective measure, as there is a probability of repeated crimes. This led to the analysis of the experience of applying criminal punishments associated with deprivation of liberty in those foreign countries where recidivism after release has a fairly low share of all crime. Due to repeated statements about the creation of private prisons in Ukraine, special attention was paid to this issue. Countries where the practice of private prisons has already been tested (USA, Great Britain, Australia) were taken as an example, and issues that should be paid special attention to when introducing this institution in our country were summarized. Taking into account the fact that the personnel of the penal institutions are constantly in contact with the convicted person due to the performance of their official duties, the issue of his professional training is highlighted as important. In this aspect, the preparation for the humanization of personnel education and the technology of combining theory and practice with the introduction of progressive experience of penitentiary activity deserve further analysis and implementation. It is clear that it is impossible to fully borrow foreign experience in the application of deprivation of liberty and serving a sentence, but the isolated issues must be taken into account when implementing progressive practices into national legislation. Key words: penitentiary system; criminal law; execution of punishments; convicts; probation; institutions of execution of punishments; national legislation; implementation.
The genesis of the National Preventive Mechanism is examined in the article. The fact that the chosen model of “Ombudsman +” involves a combination of the Ombudsman’s Institute, along with representatives of non-governmental organizations and members of the public is found out. The implementation of the Ombudsman + model envisages that not only the Ombudsman himself will be involved in the process of monitoring the human rights observance in places of detention, but also members of the public who will be able to visit places of detention after receiving certain rights from the Ombudsman and check human rights there and then report to the central office, in order to fix the problems or provide recommendations to local (or central) executive bodies for improving the situation. Emphasis is placed on the fact that the establishment of the National Preventive Mechanism should in no way duplicate the functions of bodies such as the Prosecutor’s Office or the National Police. Proposed changes will help to improve the proper implementation of the National Preventive Mechanism: improvements of the legislation governing the activities of places of detention; changes in the standards of providing certain social services (applies to social places of detention); creation of bodies to monitor compliance with standards in places of detention; creation of new monitoring mechanisms to monitor compliance with standards during the stay of people in places of detention; changes in the attitude of society towards people who find themselves in places of detention and promoting the policy of “openness” of such institutions, etc. Key words: Commissioner for Human Rights of the Verkhovna Rada, National Preventive Mechanism; rights and legitimate interests; convicts; prisoners; “Ombudsman +”.
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