THE PRACTICE OF THE EUROPEAN UNION MEMBER STATES IN THE FIELD OF PROTECTING THE RIGHTS AND FREEDOMS OF CITIZENS IN PENITENTIARY INSTITUTIONS

Abstract

The purpose of the article is to conduct a comprehensive theoretical and legal study of the practices of the European Union Member States in ensuring and protecting the rights and freedoms of persons held in penitentiary institutions, as well as to identify the possibilities for implementing positive European experience in the process of reforming the criminal-executive legislation of Ukraine. Particular attention is paid to the analysis of international standards for the treatment of prisoners, the examination of the legal regulation of penitentiary institutions in the EU Member States, and the assessment of the current state of the national system for safeguarding the rights of persons deprived of their liberty. Methods.The methodological framework of the study is based on a combination of general scientific and special legal research methods. The dialectical method was employed to examine the patterns of development of penitentiary policy and the mechanisms for ensuring human rights; the systems approach was applied to analyze the interrelationship between international and national legal norms; the historical-legal method was used to trace the evolution of international standards for the treatment of prisoners; the comparative-legal method served to compare the legislation and practices of Ukraine and the European Union Member States; the formal-legal method was applied to examine legal acts, international treaties, and recommendations of the Council of Europe and the United Nations; while the logical-legal method, as well as methods of analysis, synthesis, generalization, and systematization, were used to formulate theoretical conclusions regarding the directions for improving the criminal-executive legislation of Ukraine. The study establishes that contemporary European approaches to the functioning of penitentiary institutions are based on the priority of human rights, the principles of the humanization of punishment enforcement, institutional transparency, effective mechanisms of public oversight, accessibility of medical and legal assistance, and the creation of conditions for the social reintegration of prisoners and their preparation for return to society. A comprehensive analysis was conducted of key international legal instruments, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the European Prison Rules, the Tokyo Rules, the Beijing Rules, and other universal and regional legal instruments that define modern standards for the treatment of persons deprived of liberty. The study examines the legal regulation of penitentiary activities in the Federal Republic of Germany, France, the United Kingdom, Spain, Italy, Norway, and other countries, identifying characteristic models of the administrative and legal framework governing penitentiary institutions, mechanisms of judicial and public oversight, and approaches to ensuring the social adaptation of convicted persons. It has been established that most European Union Member States apply a comprehensive regulatory framework combining criminal-executive, administrative, and special legislation, thereby ensuring more effective protection of the rights of persons serving sentences. At the same time, the analysis of Ukrainian legislation revealed a number of shortcomings related to the practical implementation of international standards, the improvement of disciplinary procedures, the provision of adequate conditions of detention, the development of the probation system, the expansion of access to legal assistance, the enhancement of the transparency of penitentiary institutions, and the involvement of civil society institutions in monitoring compliance with human rights. The result of the research demonstrates that the effective protection of the rights and freedoms of persons held in penitentiary institutions constitutes one of the key indicators of a democratic state governed by the rule of law and an essential prerequisite for Ukraine’s successful integration into the European legal area. The practice of the European Union Member States confirms the necessity of combining an appropriate legal framework with modern organizational and managerial mechanisms for the functioning of the penitentiary system, oriented toward respect for human dignity, the social reintegration of convicted persons, and the prevention of recidivism. It is substantiated that the further reform of Ukraine’s criminal-executive system should be carried out through the harmonization of national legislation with international and European standards, the improvement of administrative and legal mechanisms governing penitentiary institutions, the development of international cooperation, the expansion of judicial and public oversight, the enhancement of professional training for penitentiary personnel, and the provision of an adequate level of medical, social, and legal protection for convicted persons. The implementation of these measures will contribute to improving the effectiveness of the penitentiary system, strengthening guarantees of human rights, and establishing a modern model of criminal punishment enforcement that complies with European Union standards.