Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.40 N° 73
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Diciembre
2022
Recibido el 14/04/2022 Aceptado el 15/06/2022
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
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Vol. 40, Nº 73 (2022), 600-613
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Problematic aspects of the serving
of sentences by specic groups of
convicted persons
DOI: https://doi.org/10.46398/cuestpol.4073.34
Serhii Hrechaniuk *
Yurii Shchyhol **
Larysa Udalova ***
Oksana Khablo ****
Vitalii Terekhov *****
Abstract
The objective of the article was to analyze problematic aspects
of the execution of the sentence by certain groups of prisoners.
The research methodology includes hermeneutics, formal and
logical method, dogmatic method, synergistic method, system
method and generalization method. In the proceedings of the
investigation, the terms «serving a sentence» and «serving a sentence» are
revealed and their dierences are determined. The bodies of execution of
sentences and their classication are considered. It claries the opinions of
scientists on the classication of convicts, provides legislative consolidation
of groups of convicted on various grounds (age, sex, severity of crime,
recidivism, recidivism, illness). Decisions of the European Court of Human
Rights on improper detentions analyzed. The main problematic aspects of
the execution of the sentence by certain groups of prisoners, such as men,
women, minors and tuberculosis patients, are presented. In the practical
signied investigation, they identify some problematic issues that arise
during the serving of sentences by certain groups of prisoners.
Keywords: court decision; classication of convicts; penitentiary
institution; social and educational impact; serving a sentence.
* Doctor of Law, Professor, Head of the Penal Correction Department of the State Penal Enforcement
Service of Ukraine, Ukraine. ORCID ID: https://orcid.org/0000-0003-2000-9523
** Candidate of Legal Sciences, Senior Lecturer of the Special Department No. 1 of the Institute of Special
Communication and Information Protection of the National Technical University of Ukraine “Igor
Sikorsky Kyiv Polytechnic Institute”, Ukraine. ORCID ID: https://orcid.org/0000-0002-7621-0616
*** Doctor of Law, Professor, Honored worker of science and technology of Ukraine Director of the Institute
for Leadership and Development of the National Academy of Internal Aairs, Ukraine. ORCID ID:
https://orcid.org/0000-0003-4542-5902
**** Candidate of Legal Sciences, Associate Professor, Professor of the Department of Criminal Procedure
of the National Academy of Internal Aairs, Ukraine. ORCID ID: https://orcid.org/0000-0003-3923-
275X
***** Lawyer, Ukraine. ORCID ID: https://orcid.org/0000-0003-1923-8302
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 600-613
Aspectos problemáticos del cumplimiento de las penas
por grupos especícos de condenados
Resumen
El objetivo del artículo fue analizar aspectos problemáticos del
cumplimiento de la pena por parte de determinados grupos de reclusos. La
metodología de la investigación incluye la hermenéutica, el método formal
y lógico, el método dogmático, el método sinérgico, el método de sistema
y el método de generalización. En los resultados de la investigacion se
revelan los términos “cumplimiento de condena” y “ejecución de pena” y se
determinan sus diferencias. Se consideran los cuerpos de ejecución de las
penas y su clasicación. Se aclaran las opiniones de los cientícos sobre la
clasicación de los condenados, se proporciona la consolidación legislativa
de grupos de condenados por diversos motivos (edad, sexo, gravedad del
delito, reincidencia, reincidencia, enfermedad). Se analizan las decisiones
del Tribunal europeo de derechos humanos sobre detenciones indebidas.
Se presentan los principales aspectos problemáticos del cumplimiento de
la pena por parte de determinados grupos de reclusos, como hombres,
mujeres, menores y enfermos de tuberculosis. En el signicado práctico
de la investigación, se identican algunas cuestiones problemáticas que
surgen durante el cumplimiento de las penas por parte de determinados
grupos de reclusos.
Palabras clave: sentencia judicial; clasicación de los condenados;
institución penitenciaria; impacto social y educativo;
cumpliendo una condena
Introduction
Recently, the issue of serving a sentence has been actively studied both
by domestic and foreign scholars. Improving the institution of execution of
imprisonment is due to the fact that the correct application of all elements
of penitentiary policy will be the only way to motivate the lawful conduct of
convicts while serving their sentences, as well as the development of such
behavior after release.
But there are still problems. Dicult adaptation to the conditions
and procedures in penal institutions, as well as a number of problematic
issues that arise during serving a sentence, are a clear example of the fact
that the system does not work in some situations. Negative attitude of the
administration towards certain groups of convicts, non-provision of medical
care or its untimely provision, lack of qualied psychologists, and, as a
result, - fail to provide psychological assistance, avoidance of educational
and social work and lack of basic sanitation.
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Serhii Hrechaniuk, Yurii Shchyhol, Larysa Udalova, Oksana Khablo y Vitalii Terekhov
Problematic aspects of the serving of sentences by specific groups of convicted persons
The number of ECHR decisions on improper detention and violation
of Article 3 of the Convention indicate the presence of problematic aspects
that arise during the serving of sentences by certain groups of convicts,
including men, women, minors, tuberculosis patients sentenced to life
imprisonment, recidivists, etc.
Thus, the aim of the article is to reveal and analyze problematic aspects
of serving a sentence by certain groups of convicts.
1. Methodology
The methodology of the article is based on general and special methods
of scientic knowledge, the use of which is determined by the purpose,
object, subject matter of the research.
The method of hermeneutics is used in the process of studying the texts
of relevant legislative acts and the views of scientists on the classication of
convicts and peculiarities of serving sentences by dierent groups.
The use of formal and logical method allows to analyze the norms of the
current penal enforcement legislation and the practice of its application.
Dogmatic method is applied to study the terms “serving a sentence” and
“execution of punishment”; logical method makes it possible to determine
the dierence between these concepts.
Synergetic method is useful in studying the ECHR judgments on
improper detention and the breach of Article 3 of the Convention.
System and structural method allow to present the classication of
dierent groups of convicts and penal institutions.
The method of generalization helps to draw relevant conclusions and
suggestions.
2. Literature Review
The United Nations Standard Minimum Rules for the Treatment of
Prisoners (UN Oce on Drugs and Crime, 2015) along with other legal
instruments, adopted by the UN on penitentiary issues, constitute the
international law institution for the protection of the human rights of
persons deprived of liberty as part of a single system of international law,
the mechanism for its implementation, and also play a signicant role in
increasing respect for democratic rights and freedoms, in strengthening
peace and democracy.
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The European Penitentiary Rules (Council of Europe, 2006) is a version
of the European minimum standard rules for the treatment of prisoners,
adapted to modern priorities and values of civilized society. They were
approved by the Committee of Ministers of the Council of Europe on 12
November 1987 and recommended to the Member States of the Council
of Europe for implementation in their legislation and practical activities.
The rules do not have the status of international legal instrument, but are
recognized internationally as arming the progressive understanding of
the penitentiary system as a holistic social organization and the mechanism
of its service to the interests of the society and the State.
Among modern researchers who consider the issue of serving sentences
by convicts, we propose to pay attention to Reznichenko (2009). In the
Thesis “Peculiarities of fulllment and serving punishment in the kind of
imprisonment by convicted women” the author considers the peculiarities
of the impact of punishment on the identity of women, the order and
conditions of detention of convicted women, the peculiarities of execution
and serving a sentence for convicted pregnant women, etc.
We can also name Tavolzhanskyi (2015), who in his monograph “Social
and educational work with convicts” considers theoretical foundations
for the organization and procedure for social and educational work with
convicts. The researcher states that at present the level of legal regulation
of social and educational work with convicts does not correspond to its
understanding and practical application. Social and educational work is
aimed at correcting prisoners; it is a complex activity that includes social
assistance to convicts, providing psychological, pedagogical, economic,
legal and informational assistance, which contributes to the ability to exist
independently during and after serving the sentence. release.
Stadnik (2017) in his dissertation research “Execution of penalty as
deprivation of freedom in regard to juvenile delinquents” analyzes the
activities of educational colonies to implement a set of measures aimed at
correction and resocialization of minors, and also points out that despite all
this is clearly expressed punitive function. in the conditions of detention of
minors.
Vasylyk (2021) devoted his work “Criminal-executive principles of
imprisonment for a denite term” to a comprehensive analysis of the content
and features of criminal-executive principles of punishment, and revealed
the world’s best practices in ensuring the execution of imprisonment.
Razgildiev and Nasirov (2019) investigated the concept of “serving a
sentence by convicts”, described the dierence between the denitions of
serving the sentence and execution of punishment and justied their aim.
Pryimachenko et al. (2021) presented the psychological prole of
juvenile convict, as the authors state that the level of crime among young
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Serhii Hrechaniuk, Yurii Shchyhol, Larysa Udalova, Oksana Khablo y Vitalii Terekhov
Problematic aspects of the serving of sentences by specific groups of convicted persons
people has increased lately, which necessitates the improvement of the
methods of education and correction of these persons in penal institutions.
However, these works did not fully address the issue of some problematic
issues that arise during the serving a sentence by certain groups of convicts.
3. Results and Discussion
Social, cultural and economic factors, the development of civil society
and the state as a whole, as well as international standards of treatment
of convicts are taken into account in the serving of sentences. According
to Article 5 of the Penal Enforcement Code of Ukraine (Law of Ukraine
No. 1129-IV, 2003), execution and serving of sentences are based on the
principles of inevitability of execution and serving of sentences, legality,
justice, humanism, democracy, equality of convicts, respect for human
rights and freedoms, mutual responsibility of the State and a convict,
dierentiation and individualization, execution of punishments, rational
application of coercive measures and stimulation of law-abiding behavior,
combination of punishment with corrective inuence, public participation
in the activities of bodies and institutions of execution of punishments in
cases provided by law. Thus, the conditions of serving a sentence are based
on national legislation in force during execution and serving sentence,
taking into account international legal acts.
The legislator uses the concept of serving a sentence along with the term
“execution of punishment”, but does not provide its denition. These terms
refer to a single process of punishing convicts, but they apply to dierent
actors.
Thus, the execution of a sentence is the functioning of authorized
bodies, which are obliged to implement certain legal restrictions provided
by a particular type of punishment for a crime in their activities, ensure the
exercise of the rights of the convicted person and the performance of his or
her duties throughout the term of imprisonment. The serving of sentence,
on the other hand, refers to convicted persons, who, on the basis of a court
sentence, must perform their duties under the law for a specied period of
time (Shablystyi, 2018).
Thus, the basis for execution and serving of a sentence is a court
judgment that has entered into force, other court decisions, as well as the
Law of Ukraine on Amnesty and Pardon (Article 4 of the Law of Ukraine
No. 1129-IV, 2003). That is, punishment is a measure of State coercion and
its implementation is entrusted to government agencies and institutions.
Penal institutions are: the central executive body that implements the
State policy in the area of execution of criminal penalties and probation, its
territorial administrative bodies, authorized by probation authorities.
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Penitentiary institutions in Ukraine are detention homes, penal
institutions, special educational establishments (educational colonies),
and remand centers. It should be noted that penitentiary institutions are
divided into open penitentiary institutions (correctional centers) and closed
penitentiary institutions (correctional colonies). Correctional colonies are
split into colonies of minimum, medium and maximum levels of security.
In cases established by law, the execution of criminal punishments is also
carried out by the bodies of the State executive service, military units,
guards, disciplinary battalions.
Along with this, there is also a classication of convicts. Struchkov (1985)
characterizes the classication of convicts as the activity, in the process of
which convicts are divided into categories (groups) on the basis of statutory
requirements. According to him, the classication of convicts is necessary
to prevent the inuence of a negative group of persons on those who are
characterized positively.
Shmarov and Melentiev (1971) understand under the classication of
convicts their division into relatively homogeneous groups (categories)
depending on the degree of public danger, correction and other factors.
We agree with the views of scientists, because the main task of the
classication of convicts is to create special conditions for the dierentiation
of the punitive educational process, aimed at dierent categories of persons.
For example, adults, as well as minors who have reached the age of 16
at the time of sentencing and who have been convicted of criminal oenses
are kept in detention facilities. Conscripts, military personnel under
contract, ocers performing military service are serving sentences in the
disciplinary battalion. Persons serving a xed term of imprisonment and
life imprisonment are kept in correctional colonies.
The legislator clearly establishes the types of correctional colonies, in
which dierent groups of people serve their sentences. For example, the
persons sentenced to deprivation of liberty for crimes committed through
negligence or minor crimes for the rst time or persons transferred from
minimum security colonies with general conditions of detention and
medium security colonies serve sentence in minimum security correctional
facility with facilitated conditions. Men sentenced for the rst time to
imprisonment for minor crimes, women convicted of minor, serious and
especially serious crimes, convicts transferred from young oenders’
institutions are serving their sentences in minimum security penal colonies
with general conditions of detention;
women sentenced to life imprisonment; women who have been sentenced
to death or life imprisonment by pardon or amnesty; men sentenced for the
rst time to imprisonment for serious and especially serious crimes; men
who have previously served a sentence of imprisonment; men convicted
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Serhii Hrechaniuk, Yurii Shchyhol, Larysa Udalova, Oksana Khablo y Vitalii Terekhov
Problematic aspects of the serving of sentences by specific groups of convicted persons
of intentional misconduct while serving a sentence of imprisonment;
prisoners transferred from maximum security colonies may also serve their
sentences in the medium security sector of this type of correctional colony;
men sentenced to life imprisonment may also serve their sentences in
the sector of maximum security of a correctional colony of this type;
men sentenced to life imprisonment; men whose life sentence has
been replaced by life imprisonment; men who have been sentenced to
death or life imprisonment by pardon or amnesty; men convicted of
intentional especially serious crimes; men convicted of committing an
intentional serious or especially serious crime while serving a sentence of
imprisonment; men transferred from medium security colonies, etc. may
serve their sentences in correctional colonies of maximum security;
convicted juveniles serve their sentences in educational colonies;
persons with tuberculosis are kept separate from other prisoners.
Thus, we presented the classication of convicts according to gender,
age, gravity of the crime and other circumstances that aect the conditions
of serving the sentence.
According to Article 92 of the Law of Ukraine No. 1129-IV, separate
detention of men, women, minors and adults has been established in the
colonies. The following types of convicts are also held separately: sentenced
to life imprisonment; convicts whose life sentence has been replaced by life
imprisonment; convicts whose death penalty or life imprisonment has been
commuted to pardon or amnesty; convicted of a crime under Part 5, Art.
255 (“Establishment, direction and participation in a criminal association
or criminal organization”), Art. 255-1 (“Identication or dissemination of
criminal inuence”), Art. 255-2 (“Organizing, facilitating or participating
in a criminal assembly”) of the Criminal Code of Ukraine (Law of Ukraine
No. 2341-III, 2001). Those sentenced to imprisonment for the rst time are
held separately from former prisoners.
Men sentenced for the rst time to imprisonment for crimes committed
through negligence, as well as convicts who have previously worked in the
courts, prosecutors’ oces, the judiciary, law enforcement agencies, and
persons, who have practiced law (at their own request) are held separately.
The conditions for serving a sentence by the above-mentioned groups
of convicts are enshrined in the Criminal Executive Code of Ukraine (Law
of Ukraine No. 1129-IV, 2003); Order of the Ministry of Justice of Ukraine
No. 680/5, 2017; Order of the Ministry of Justice of Ukraine No. 2823/5,
2018; Order of the Ministry of Justice of Ukraine and Ministry of Health
of Ukraine No. 1348/5/572, 2014; Order of the State department for the
enforcement of sentences No. 33, 2000., etc.
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Among the international instruments governing the regime and
conditions of imprisonment are the United Nations Standard Minimum
Rules for the Treatment of Prisoners (UN Oce on Drugs and Crime, 2015)
and the European Penitentiary Rules (Council of Europe, 2006).
The urgency of issues and problems of serving a sentence have always
attracted the attention of scholars and the public. This concerned the
conditions of serving a sentence, the attitude of the administration of
institutions to certain groups of convicts, failure to provide medical and
psychological assistance in a timely manner, lack of educational, social
work, etc.
According to the Concept of State Policy in the Sphere of Reforming the
State Penitentiary Service of Ukraine (Order of the President of Ukraine
No. 631/2012, 2012), improving the conditions of detention of convicts
should be achieved by improving the organization of nutrition, detention
conditions, enhancement the quality of medical care, improving the
organization of social, educational and psychological work. etc. But are they
really being realized?
Thus, the European Court of Human Rights in the case of Dykusarenko
v. Ukraine of 09 April 2020 (applications №7218 / 19 and 17854/19, 2020)
found a violation of Article 3 of the Convention due to inadequate conditions
of detention of the applicant in the Dnipro Penitentiary Institution №4. This
was manifested in the absence or poor quality of bed linen, lack of toiletries,
lack or insuciency of food, lack or insuciency of electric lighting, lack or
limited access to showers, lack of privacy for toilets, low quality drinking
water, mold and dirt in the cell.
The Court was guided in its decision by the principles established by
the case-law on inadequate conditions of detention, in particular by the
judgment in the case of “Muršić v. Croatia” (Application № 7334/13, 2013),
which found that serious lack of space in prison cells is considered a very
inuential factor and could constitute a violation.
The ECHR judgment in case of Bilyy v. Ukraine (applications №
11356/17 and 45420/19) of 13 January 2022 found a violation of Article 3
of the Convention due to the inadequate conditions of the complainant’s
detention in Kyiv detention facility. This was manifested in the absence of
fresh air, insucient sleeping space, the cell was infected with parasites /
rodents, lack or poor quality of bed linen, lack of privacy when using the
toilet, lack of toilets, mold and dirt in the cell, lack or limited access to hot
water, lack or limited access to showers, overcrowding, passive smoking,
poor quality food.
Thus, we can see that the problematic aspects of the conditions of
detention, nutrition and personal hygiene of convicted men still remain
relevant, despite the implementation of the Concept (Order of the President
of Ukraine No. 631/2012, 2012).
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Serhii Hrechaniuk, Yurii Shchyhol, Larysa Udalova, Oksana Khablo y Vitalii Terekhov
Problematic aspects of the serving of sentences by specific groups of convicted persons
The next group of convicts are people with tuberculosis. Among the
rights of convicts provided by the Order of the Ministry of Justice of Ukraine
No. 2823/5 are the right to receiving medical care and treatment, including
paid ones. Characteristics to be considered in assessing the compatibility
of a person’s health and conditions of detention are the medical condition
of the convict, the adequacy of medical care provided in the conditions
of detention and the appropriateness of detention in view of health (case
Mouisel v. France, Application No. 67263/01, 2003).
Thus, in the case of Melnik v. Ukraine (application no. 72286/01, 2006)
the ECHR found that “the applicant had been diagnosed with tuberculosis
almost two and a half months after he rst complained of intermittent
shortness of breath and mucous cough. The Court considers that the
inaccuracy of the previous diagnosis conrms the applicant’s complaints
about the inadequacy of the medical care provided, the short-term detection
of the disease or the failure to isolate the applicant and provide him with
adequate and timely treatment.
The Court also found that upon arrival at Penitentiary Institution
No. 316/83 the applicant had not been examined by a doctor for possible
tuberculosis. After the diagnosis, he was transferred to a special institution,
but long-term treatment for tuberculosis led to side eects – visual
impairment and dizziness. Hygiene and sanitation conditions, given
the concentration of prisoners, could also have worsened the applicant’s
health. Thus, the Court nds the violation of Article 3 of the Convention due
to overcrowding, inadequate medical treatment and unsatisfactory sanitary
conditions of the penitentiary institution.
According to the Procedure for providing medical care to convicts (Order
of the Ministry of Justice of Ukraine and Ministry of Health of Ukraine No.
1348/5/572, 2014), preventive medical examination is performed once
a year in penal institutions in order to detect and prevent the spread of
infectious, parasitic diseases, detection of somatic and mental diseases
among convicts.
If the convict has expressed a desire to visit a doctor, he (she) can sign up
for an outpatient appointment. Outpatient reception of convicts is carried
out by a medical worker every day at the hours determined by the head of
the medical unit (paramedic station) in agreement with the administration.
The medical ocer, along with the sta of the regular penitentiary
institution’s shift, veries daily the general state of health of convicted
persons when visiting cells in disciplinary isolators, cell-type rooms, solitary
connement cells, solitary connement cells, pre-trial detention centers,
correctional colony-type (sector) cells of the maximum-security level. If the
convicted person complains about the state of health, the medical worker
makes appropriate appointments or enrolls the convicts for outpatient
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reception. Outpatient reception is carried out by a doctor in specially
equipped oces in the abovementioned premises by prior appointment
made by a medical worker, in the absence of a medical worker – the sta of
the regular shift of the penitentiary institution.
According to the Concept (Order of the President of Ukraine No.
631/2012, 2012), improving the quality of medical care should be achieved
by improving the quality of medical care for detainees and convicts
suering from tuberculosis, HIV/AIDS and other socially dangerous
diseases by arranging sections of pre-trial detention centers for detainees
with tuberculosis in anti-tuberculosis institutions, development of the
infrastructure of health care institutions of the State Penitentiary Service
of Ukraine.
However, as we can see, the established rules are not always followed,
which in turn leads to the violation of the general health of convicts,
dysfunction of organs, the emergence of pathologies and serious diseases.
Regarding serving of a sentence by convicted women, the key factor here
is socio-educational or socio-psychological work. In this regard, Sarycheva
(2017) notes that the work of the social pedagogue, who, above all, must
objectively assess the individual characteristics of convicted women, is
also important. Along with the psychologist, the social pedagogue should
observe not only the actor – the woman, but also her environment in places
of imprisonment.
In this case, attention should also be paid to those women, who have
children under the age of three or pregnant women, as the process of
serving a sentence and all the consequences of such punishment have a
devastating impact on this category of convicts. As a result, the negative
impact of places of detention is reected on children.
Social and educational work is a purposeful activity of the personnel of
penitentiary agencies and institutions, as well as other social institutions to
achieve the goal of correction and re-socialization of convicts (Article 123 of
the Law of Ukraine No. 1129-IV, 2003). The urgency of such work is due to
the fact that women, serving a sentence, is a vulnerable group due to their
social status, and the problems of adaptation to the order and conditions of
serving a sentence have their own specics.
But can we say that social and educational work solves the problem of
adapting to the order and conditions of serving a sentence? Of course not.
A woman is more emotional by nature. When she enters a penitentiary
institution, especially for the rst time, she experiences psycho-emotional
stress, she is more vulnerable to the inuence of other “authoritative”
convicts, as a result of which she retains all acquired antisocial habits and
beliefs after the release. We believe that it is extremely important to conduct
psychological work with convicted women, which will help them to adapt to
all existing conditions and procedures.
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Serhii Hrechaniuk, Yurii Shchyhol, Larysa Udalova, Oksana Khablo y Vitalii Terekhov
Problematic aspects of the serving of sentences by specific groups of convicted persons
Analyzing the procedure for serving sentences by juvenile oenders,
we noted that prole of emotional experiences arising from the conditions
under which sentences are served, the environment and attitude of the
administration is more pronounced in juveniles than in adults (men and
women). Thus, at the beginning of serving a sentence (up to 6 months) there
is an increase in emotions such as anxiety, fear, aggression, depression, loss
of meaning in life, hopelessness, feelings of loneliness, etc. in minors.
Some of these psychosocial states accompany the child throughout
the sentence. In order to acquire a certain “status” in the colony, a minor
may claim that he or she has a criminal record, oenses that he did not
commit, serious “ties” to the outside world, etc. Given the attitude of the
administration of the institution, other convicts, their subjective attitude
to life circumstances, the juvenile may incorrectly assess the measures of
educational inuence applied to him (her).
This may be expressed in violation of the rules of the procedure
established by the regime or assistance to the administration in certain
matters. Psychologically, this can be expressed in frequent changes in
behavior, mood, reection, reconsideration of the views and so on.
According to Ohnieva and Ohnieva (2011), corrective work with
persons serving sentences, nding and applying new forms and methods
of inuence to correct them, are more eective ways to prevent recidivism
than the regular supervision after release. Education is a priority, since
the main goal of the State is to eliminate infantilism, legal nihilism, legal
ignorance among convicts. We support this view of scientists, and believe
that the involvement of a qualied psychologist is an important factor in
working with minors. To listen to a child, to help him (her) learn how to
distinguish his (her) state, to change attitudes to the situation, to have
a hard time together – all these are necessary elements in working with
juvenile delinquents who need to nd an adult ally.
Conclusion
Thus, among the problematic aspects of serving sentences by certain
groups of convicts are the following:
1. Men – lack or poor quality of bed linen, insucient food, lack of
privacy for toilets, mold and dirt in the cell, lack of access to shower
and hot water, etc.
2. Patients with tuberculosis – inadequate medical treatment,
untimely treatment, failure to provide isolation, unsatisfactory
sanitary conditions that cause deterioration of health, etc.
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3. Women and minors – inecient social and educational work, failure
to provide or untimely provision of psychological assistance.
Taking into account international recommendations and current
legislation, we believe that the following will help to improve the conditions
and procedures for serving sentences:
1. Introduction of medical and preventive measures, with which the
state of health of the convicted person can be quickly ascertained,
taking measures for proper treatment, while improving housing and
sanitation conditions.
2. Implementation of re-socialization measures that will help to adapt
to the conditions of the penitentiary institution and restore its social
status after release.
3. Adoption of rehabilitation programs taking into account the
psychodynamics of convicts at dierent stages of serving a sentence,
as well as mandatory psychological assistance.
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