The article states that in modern penitentiary science, one of the key areas of both fundamental and applied research is the development of a new Penitentiary Code of Ukraine. It is argued that the creation of a unified model of the Penitentiary Code of Ukraine should aim to align the procedures for enforcing punishments and the conditions of detention for convicted persons and those in custody with European standards; to prevent torture and inhuman or degrading treatment; and to improve the working conditions and social protection of criminal-executive service personnel.

It is demonstrated that the existing system of punishment enforcement and pre-trial detention does not yet fully meet the current level of socio-economic development or the principles of humanism and respect for human rights and freedoms during the enforcement of punishments and probation. Various issues in this field have been pointed out not only by Ukrainian scholars but also by representatives of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment following their most recent visits to Ukraine.

Despite significant positive steps taken by the Ministry of Justice of Ukraine regarding the conditions of detention for convicts and detainees in penal institutions and pre-trial detention centers, many problems remain unresolved. The war of aggression launched by the Russian Federation against Ukraine has significantly slowed down the implementation of the Strategy for the Reform of the Penitentiary System until 2026 and the approval of its operational plan for 2022–2024 (Cabinet of Ministers Resolution of December 16, 2022).

Key words: Penitentiary Code, criminal-executive system, pre-trial detention center, personnel, punishment, convict, training, engineering and technical means, penitentiary prison, pre-trial detention facility, State Criminal-Executive Service.

References

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