Factual circumstances for the understanding of convicts as a bearer of constitutional rights and freedoms
Authors: Dyakova Albina 
Published: December 2023

The article analyzes the main factual circumstances, the presence of which makes it possible to talk about convicts as full-fledged bearers of constitutional rights and freedoms. Attention is drawn to the fact that in the constitutional-legal doctrine there is an established approach regarding people's deputies, deputies of local councils, military personnel, judges, children, foreigners, refugees, women, disabled persons as bearers of constitutional rights and freedoms and about their constitutional-legal status. However, such a clear approach cannot be traced to convicts. In this regard, the article cites and analyzes the main factual circumstances that indicate that the convicts are legitimately the bearers of constitutional rights and freedoms, and attention to their legal position in the constitutional law of Ukraine cannot be accidental.

Among the main factual circumstances are the following. First, convicts, and especially those serving prison terms, interact significantly with the state. At the same time, as is known, the constitutional-legal status provides for a special system of interaction between a specific person and the state, which is determined by the subject of legal regulation of the constitutional law of Ukraine. Secondly, convicts, and especially those serving prison sentences, not only significantly interact with the state, but also depend on it. It is axiomatic that if the relevant subject, endowed with power, exercises full or sufficiently significant control over another subject, then the first is responsible for the safety and livelihood of the second. Taking into account the fact that the state is responsible for the persons under its control, which includes a large part of the convicts, the state as a whole and its penitentiary system are entrusted with a special mission, in particular, in the sphere of ensuring security, law and order. Thirdly, the sphere of application of criminal penalties has always been and remains one of the most vulnerable spheres in the life of society and state policy. Since the sphere of application of punishments, as one of the most vulnerable spheres, directly concerns the convicted, the latter are consequently a category belonging to the vulnerable. Fourthly, one of the leading functions of the Constitution of Ukraine is the restrictive function. The implementation of such a function becomes especially relevant in the aspect of the state's activity, which is implemented through the administration of the institution or the body for the execution of punishments. Such an approach can be implemented through the formation of the constitutional and legal status of convicts, since the constitutional rights and freedoms of such persons will act as a significant factor for the implementation of the restrictive function regarding the organization and functioning of the penitentiary system as a whole and its individual representatives of the zokerem. Fifth, in the aspect of characterizing convicts as a vulnerable category of the population, attention should also be paid to the fact that there are also women and children among them, which significantly increases the vulnerability of convicts in general. Sixthly, granting the convicts a constitutional and legal status and paying special attention to them is also due to the imposition of punishment in society. Seventh, the peculiarities of the situation of convicts are also determined by the problems that arise after release from prisons. Eighthly, construction of the constitutional and legal status of convicts will contribute to increased attention not only to the convicts themselves, but also to the organization and functioning of the penitentiary system as a whole, which always needs further improvement.