Legal analysis of bills aimed at improving the mechanism of application of life imprisonment in Ukraine, namely: “On Amendments to Certain Legislative Acts Implementing Decisions of the European Court of Human Rights” № 4048 and “On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and the Criminal Procedural Code of Ukraine on the execution of decisions of the European Court of Human Rights” № 4049 is provided in the article. It is determined that the mechanism of parole in the form of life imprisonment proposed by these bills consists of two stages: the first stage is the replacement of life imprisonment with a milder punishment under the rules of the new version of Article 82 of the Criminal Code of Ukraine; the second stage is conditional early release from serving a sentence in the form of imprisonment, which is assigned to a convict in order to replace life sentence with a milder punishment (imprisonment) under the rules of a new version of Article 81 of the Criminal Code of Ukraine. The legal positions of the Committee on Ukraine’s Integration with the European Union, the Main Scientific and Expert Department of the Verkhovna Rada of Ukraine, and the expert assessment of the Council of Europe are analyzed. The generalized legal analysis of bills 4048, 4049 gave an opportunity to reveal their progressive provisions, as well as shortcomings. Progressive provisions of the bills include: convicts’ drawing up their personal plan for reintegration into society, a temporary restriction on re-applying for the replacement of life sentence with imprisonment for a definite term or a request for a parole. The shortcomings of the bills include: unjustifiably short minimum sentence that a convict must serve in order to be released from life sentence; lack of a mechanism for determining the risk assessment of those sentenced to life imprisonment; lack of legislation to provide for probation in the process of replacing life sentence with a milder sentence and parole in terms of risk assessment, reintegration plan and monitoring compliance with court obligations; lack of criteria for determining the risk of re-offending; implementation of administrative supervision by police bodies over persons released on parole; lack of clear content of the reintegration plan; providing conclusions of the administration of a penal institution on convict’s preparing for release. Key words: bill 4048, bill 4049, life sentence, parole, European standards, implementation.
The article addresses to the analysis of the content of ethical norms that underlie the activities of the Swedish Prison and Probation Service. The content of the Code of Ethics of the Swedish Prison and Probation Service is analyzed and also its compliance with the model European Code of Ethics for prison personnel is established and the possibility of its involvement as a model for creating an updated version of the Code of Ethics and Service Conduct of the State Penitentiary Service of Ukraine is determined. The main task of the Swedish Prison and Probation Service is taking care of prisoners and enforcing sanctions, which, in addition to general values, set the most specific requirements for managers and personnel in both prisons and probation. These requirements are based on the moral values that most fully characterize the work of the Service. It is noted that the penitentiary administration`s actions help in reducing the risk of recidivism and thus increase the level of security in prisons and in the community. The necessary actions are based on fundamental values that apply to the entire Swedish government. The Swedish Prison and Probation Service is a government agency responsible for prisons, correctional facilities and probation. Their mission is to work with the police, prosecutors and courts to reduce crime and increase human security. The Swedish Prison and Probation Service is accountable to the government and is the responsibility of the Ministry of Justice. In its daily activities, the Swedish Prison and Probation Service work to persuade its clients not to commit new crimes. Its personnel guarantee humane treatment of clients, as well as honesty towards them and their legal security. Any client serving a sentence must do so safely and must not be able to commit a crime while registered with the Swedish Prison and Probation Service. It has been established that one of the ways to increase safety in the community is to reduce the recurrence rate. To this end, the Swedish Prison and Probation Service conducts motivational interviews, implements treatment and employment programs, and provides clients with the opportunity to attend school. The management of the Service is convinced that convicts and probation clients should be better prepared so that they can live without crimes and drugs when they are released from a closed institution (prison) or from the probation service. Key words: client, personality, professionalism, knowledge, moral values, legal certainty, predictability.
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