CHARACTERISTICS OF INTERNATIONAL LEGAL PENITENTIARY STANDARDS AND THEIR IMPLEMENTATION IN THE NATIONAL LEGISLATION OF UKRAINE

Abstract

The article characterizes international legal penitentiary standards and their implementation in the national legislation of Ukraine. The emphasis is on the fact that despite the fact that in recent decades human rights have been in the focus of attention of scientists, attention has repeatedly been drawn to the problem of their observance by states, derogations and restrictions, as well as the features of implementation in the national legal system, despite the relevance of human rights, it should be noted that in scientific literature they extremely rarely turn to the study of the rights and freedoms of convicts, international standards for the treatment of prisoners and the features of the implementation of these standards in national legal systems, the fulfillment of international obligations regarding the rights of convicts. The study notes that despite the fact that the idea of political and legal thought regarding the rights of prisoners originated in the times of Ancient Greece and attracted the attention of the world community to solving urgent needs at the international level, the development and adoption of standards in the penitentiary sector for centuries, as international standards they emerged only after the creation of the UN. Today, international legal cooperation in this area is quite developed, the observance of the rights of prisoners is evidenced by the presence of a clear system of international legal acts, which, of course, affects the development of national penitentiary systems in the world, determines the principles and vectors of the development of their penitentiary legislation and the practice of application in the national legal systems of states. As a full-fledged subject of international law, Ukraine has undertaken a number of obligations by joining a number of international treaties and, in accordance with the process of improving national legislation on the protection of prisoners, implements these norms into national legislation, as evidenced by a number of reforms and amendments to a number of legislative acts in order to bring them closer to international standards.