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 system and essence of main international acts in the field of punishments executing, their relationship with national law are analyzed in the article. The problems of implementation in national law and their further using in practice are outlined. It is determined that international cooperation finds legal expression in the recommendatory provisions of international acts, which should not be ignored, although the implementation of such provisions in each state is due to its special socio-economic, political, national, geographical and other conditions. It is determined that the significance of international standards of criminal enforcement is quite multifaceted. In political terms, the emergence of specific documents, norms, recommendations and principles is the result of political activity and interaction of subjects of international law. Being once adopted, they identify with varying degrees of categoricalness and obligatoriness important areas of state domestic criminal and criminal-executive policy. The introduced innovations of the Ukrainian legislation are a direct reflection of the norms, principles and recommendations of international norms of law, which are increasingly included in the practice of institutions and bodies of the domestic penitentiary system. However, it is not just a matter of formally bringing national norms and rules in line with European human rights standards, but their implementation. This means respect for these rights and freedoms, their proper protection and defense, which, in particular, requires further reform of domestic penitentiary system and organizational and legal support for the activities of its bodies and institutions using modern international experience. The practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, involves the improvement of such areas as health care, education, socialization and more. The implementation of this will help bring the conditions of imprisonment in Ukraine closer to the relevant international standards of convicts’ treatment, improve the observance of the rights of persons deprived of their liberty, as well as strengthen guarantees of their implementation. Key words: punishments executing, penal institution, convict, international standards, national legislation, implementation.
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