The article addresses the need for amendments and supplements to Article 188 of the Code of Ukraine on Administrative Offenses, which stipulates administrative liability for the illegal transfer of prohibited items to individuals in pre-trial detention centers  and correctional institutions.

The author proposes  a more detailed definition of the list of prohibited items, differentiation of administrative liability under  this norm, and the application of stricter sanctions against employees of correctional institutions, as well as the removal of warnings from the sanctions. Additionally, it is suggested to supplement this norm with  provisions that would  strengthen responsibility for repeated offenses within a year or for committing unlawful acts during martial law.

Ensuring the effectiveness of  the practical application  of this norm requires increasing the amount of fines and adding to the list of penalties a prohibition on holding certain positions or  engaging in specific types of activities. The type and severity of punishment should  depend on the quantity, quality, and type of prohibited items that were illegally transferred into places of incarceration.

The author also suggests including a  note to Article 188 of the Code that refers to the regulatory act defining the list of items prohibited for transfer into places of incarceration. Furthermore, it is appropriate to establish a system of measures aimed at detecting and proving facts of illegal transfer of prohibited items to the relevant institutions.

The author presents their own version of the content of Article 188 of the Code of Ukraine on Administrative Offenses.

Keywords: administrative liability, administrative offense, illegal transfer, prohibited items, subject, correctional institution, places of incarceration, detention centre.

References

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