On The Need Of Conceptualization Of The Penal Policy Of Ukraine


  • Yu.V. Kerniakevych-Tanasiichuk


criminal-executive policy of Ukraine, formation of the criminal¬executive policy of Ukraine, concept of policy in the field of fighting crime, conceptualization of the criminal-executive policy of Ukraine, Concept of state policy in the field of reforming the State criminal-executive service of Ukraine.


To achieve success in the implementation of penal policy Ukraine, you must first create a strong and proper «foundation» of this policy component in the fight against crime at the stage of its formation. This formation penal policy should be implemented in stages, starting with the doctrine developed by the science of penal law and other criminal sciences cycle, which subsequently is displayed in the corresponding concept of penal policy and the penal law.

Today, despite the existence of Concept government policy on reforming the State Penitentiary Service of Ukraine, the issue updates or even the adoption of a new concept of criminal enforcement needs to be addressed. This is due to the following factors.

First, in ch. 2 p. 2 of the aforementioned Concept states that measures to reform the State Penitentiary Service of Ukraine to be implemented during the 2012-2017 years. Apparently term implementation of appropriate measures by the end of this year expire at the same time raises serious doubts feasibility of their life over the next few months.

Secondly, it requires updating list of problems mentioned in the existing Concept that need solving, as some of them have been resolved, while others need to take further measures to address them.

So continue to require solution serious problems of the penal system, namely the state of conditions of convicts and persons in custody; providing prisoners proper medical care; involvement in the work of enterprises prisoners and the penal system; the social, educational and psychological work with inmates.

Thirdly, we can not leave out the problems that arise during the execution of sentences, not related to isolation from society. In connection with the adoption of the Law of Ukraine «On probation» 2015 criminal executive inspection which ensure the implementation of punishment other than deprivation of liberty must be transformed to the appropriate authorities probation.

Fourth, in 2016 the Ministry of Justice declared the «year of prison reform.»According to the presented schedule, major reform measures should be completed before the end of 2016. However, numerous announced the reform measures continue to «successfully» and remain unimplemented to date. In terms of «ongoing» reform of the State Penitentiary Service, in addition to issues relating to conditions of serving punishment of prisoners, their rights requiring urgent attention and the question of staffing penal system and expect to resolve the problem of poor working conditions of staff bodies and agencies that are designed to carry out the punishment, and need to enhance social, economic, financial and medical support for their effective operation.