INSTITUTIONAL APPROACHES TO A NEW MODEL OF THE PENITENTIARY SYSTEM DURING THE PERIOD OF UKRAINE’S RECONSTRUCTION

 

Author (s): Bogatyrov I., Yavtushenko A., Buriak K.

 

Work place:

Bogatyrov I.,
Doctor of Sciences Law, Professor,
Honored Worker of Science and Technology of Ukraine,
Professor of the Department of Criminal Enforcement and Criminal Law,
Educational and Research Institute of Law, Law-Enforcement and Psychology, Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0003-4001-7256

Yavtushenko A.,
Vice-Rector, Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0009-0008-2701-461X

Buriak K.,
Doctor of Sciences Law, Associate Professor,
Associate Professor of the Department of Economics and Law,
Educational and Scientific Institute of the Ukrainian State University of Chemical Technology of the Ukrainian State University of Science and Technology,

Dnipro, Ukraine
ORCID: 0000-0001-6265-9706

 

Language: Ukrainian

 

Scientific Herald of Sivershchyna. Series: Law 2026 No 2 (28): 24-37

 

https://doi.org/10.32755/sjlaw.2026.

Summary

The article addresses the issue of the institutional transition of the criminal enforcement system of Ukraine into a penitentiary system through the implementation of transformational processes aimed at building a new model during the period of Ukraine’s reconstruction. It is substantiated that this transformational process of developing a new model in the period of post-war recovery is one of the priority areas of activity of the Ministry of Justice of Ukraine.

Among the relevant theoretical and practical issues of forming a new model of the penitentiary system during Ukraine’s reconstruction, a number of problems are identified, the solution of which is expected to have a positive impact on the new penitentiary model. These include:

  1. legislative updating of the “transition concept” from the criminal enforcement system of Ukraine to a penitentiary system;
  2. assessment of the state of medical and sanitary care for convicts in penitentiary institutions of the Ministry of Justice of Ukraine;
  3. analysis of the conditions for the execution and serving of criminal sentences in penitentiary institutions of the Ministry of Justice of Ukraine;
  4. evaluation of the impact of social correction measures on the socialization, resocialization, and reintegration of convicts.

It is proved that addressing these issues will constitute an additional step toward: eliminating the causes and conditions that give rise to applications by convicts to the European Court of Human Rights; introducing innovative and digital technologies into the activities of penitentiary institutions, as well as incorporating the achievements of domestic scholars of both theoretical and practical orientation; transforming the relationships between staff and convicts based on a balance of interests, taking into account the recommendations of the European Prison Rules; improving the system of incentives for convicts to encourage lawful behavior and resocialization through the introduction of a gradual change in detention conditions, the development and implementation of rehabilitation programs, and the establishment of effective cooperation between penitentiary institutions and local self-government bodies, public and religious organizations.

Key words: reform, criminal enforcement transformation, penitentiary system, martial law, correction, resocialization, reintegration, material and living conditions, medical and sanitary care, convict, staff, places of detention.

 

References

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