ДЕЯКІ ОСОБЛИВОСТІ ПОРЯДКУ ЗАСТОСУВАННЯ ЗАХОДІВ ЗАОХОЧЕННЯ ТА ПРОЦЕДУРИ ЗАСТОСУВАННЯ ЗАХОДІВ СТЯГНЕННЯ ЩОДО НЕПОВНОЛІТНІХ УВ’ЯЗНЕНИХ
Authors: Burdina Tetiana ,   Львівський державний університет внутрішніх справ
Published: July 2024

The article first examines the procedure for applying incentives to the juveniles sentenced to imprisonment. In particular, the author describes the procedure for applying incentives, which involves submission of proposals for the appointment of incentives by the authorised employees of penal institutions, registration of a resolution or an extract from an order on the application of incentives in a special journal, as well as recording of incentives in the Diary of social and educational work with a convicted juvenile. The author elaborates on the procedure for conducting visits when applying such incentive measures as granting an additional long visit to juvenile convicts, regulated by Section XV of the Internal Regulations of Penitentiary Institutions (para 3, Part 1 of Article 143 of the Criminal Executive Code of Ukraine (CECU)). In addition, the author pays careful attention to the procedure regulated by Section XVI of the above Rules for juvenile prisoners to leave the juvenile correctional facility when applying such incentives to them as: granting the right to attend cultural, entertainment and sports events outside the juvenile correctional facility accompanied by the facility staff and granting the right to leave the juvenile correctional facility accompanied by parents or other close relatives (Article 144 of the CECU). As part of the disclosure of certain peculiarities of the procedure for applying penalties to juvenile prisoners, the author elaborates on the disciplinary procedure set out in Article 135 of the CECU as well as certain provisions of Section XXI of the above Rules. Particular attention is paid to the procedure for applying to a juvenile convict such a penalty as placement in a disciplinary cell for up to five days with or without withdrawal to study or work. In addition, the article analyses a number of Methodological Recommendations of the State Department of Ukraine for Corrections dated 19.03.2002 № 5-1085/Лв, containing certain provisions on the procedure for imposing penalties on persons sentenced to imprisonment. In particular, it is provided that for each fact of violation by a convict of the established procedure for serving a sentence, an inspection is organised, and a number of materials and documents confirming such a violation are collected. At the same time, the author finds that not only the mandatory features of a disciplinary offence (Part 1 of Article 131-1 of the CEC) are not subject to detection, but even the mandatory elements of the inspection specified by the legislator (Parts 1 and 16 of Article 134 of the CEC) are not taken into account. The mentioned Methodological Recommendations also provide certain clarifications regarding the qualification of violations of the conditions of serving a sentence by convicts (namely, violations of certain duties of prisoners enshrined in part 3 of Article 107 of the CECU and in paragraph 3 of Section II of the Rules). Nevertheless, the article presents the results of a survey of facility staff, which show that they do not have clear algorithms for assessing the actions of a convict and choosing a penalty. Therefore, the author states that the procedure for applying both incentives and penalties to juvenile prisoners requires legislative refinement and specification, including the development of updated methodological guidelines and recommendations on these issues. Keywords: Internal Regulations of Penitentiary Institutions, Methodological Recommendations of the State Department of Ukraine for Corrections, the procedure for disciplinary proceedings against juvenile convicts, the procedure for conducting visits and leaving the boundaries of the juvenile correctional facility, the procedure for placement in a disciplinary cell.