of July 11, 2003 No. 1129-IV
1. The criminal and executive legislation of Ukraine regulates procedure and conditions of execution and serving of criminal penalties for the purpose of protection of interests of the personality, society and the state by creation of conditions for correction and resocialization of convicts, the prevention of making of new criminal offenses as condemned, and other persons, and also preventions of tortures and inhuman or degrading treatment with convicts.
2. Tasks of the criminal and executive legislation of Ukraine are determination of the principles of execution of criminal penalties, legal status of convicts, guarantees of protection of their rights, legitimate interests and obligations; procedure for application of corrective actions to them for the purpose of correction and prevention of asocial behavior; systems of bodies and organizations of execution of punishments, their functions and procedure for activities; supervision and control of execution of criminal penalties, participation of the public in this process; and also regulation of procedure and conditions of execution and serving of criminal penalties; releases from serving sentence, the help to persons exempted from punishment, control and supervision of them.
The criminal and executive legislation of Ukraine consists of of this Code, other acts of the legislation, and also the existing international treaties which consent to be bound is this the Verkhovna Rada of Ukraine.
1. The criminal and executive legislation of Ukraine is applied to the convicts serving sentence in the territory of Ukraine.
2. The procedure and conditions of execution and serving of punishments are determined and provided according to the legislation existing for the period of execution and serving of criminal penalty.
The basis of execution and serving sentence are the court verdict which took legal effect, other judgments, and also the law of Ukraine on amnesty and the act of pardon.
The criminal and executive legislation, execution and serving of punishments are based on the principles of inevitability of execution and serving of punishments, legality, justice, humanity, democratism, equality of convicts before the law, respect for human rights and freedoms of the cross liability of the state and the convict, differentiation and individualization of execution of punishments, rational application of enforcement measures and stimulation of right obedient behavior, punishment combination to corrective impact, participation of the public in the cases provided by the law in activities of bodies and organizations of execution of punishments.
1. Correction of the convict - process of the positive changes happening in his personality and creating at it readiness for self-governed right obedient behavior.
2. Resocialization - conscious recovery of the full-fledged member of society condemned in the social status; its return to the independent commonly accepted social and normative life in society.
Necessary condition of resocialization is correction of the convict.
3. Fixed assets of correction and resocialization of convicts are established procedure of execution and serving sentence (mode) the probation, socially useful work, social and educational work, general education and professional training, public impact.
4. Cure and resocialization of convicts are applied taking into account type of punishment, the identity of the convict, nature, degree of public danger and motives of committed criminal offense and behavior of the convict in term of imprisonment.
1. The unified register of persons condemned for crimes against sexual freedom and sexual integrity of juvenile person (further - the register), - the automated electronic database created for ensuring collection, storage, protection, accounting, search, generalization of data on persons who committed crimes against sexual freedom and sexual integrity of juvenile person including persons whose criminal record for such crimes is removed or extinguished in the procedure established by the law.
2. Holder of the register is the Ministry of Justice of Ukraine.
3. Regulations on the Unified register of persons condemned for crimes against sexual freedom and sexual integrity of juvenile person, procedure for its forming and maintaining affirm the Ministry of Justice of Ukraine.
4. Data concerning surname, name, middle name of the convict, birth date, the residence or stay, criminal offense for which he was condemned, type of criminal penalty which was applied to it, information on the sentence which is actually served by it, and also on abuse of regulations of administrative supervision are entered in the register.
5. Information on person is entered in the register based on conviction of court which took legal effect. If person made criminal offense against sexual freedom and sexual integrity of juvenile person before creation of the register, information on such person are entered in the register based on determination of court at the place of residence of person or the place of departure of punishment by it according to the petition of the prosecutor.
6. Information on person is excluded from the register in case of the cancellation of conviction or the court order specified in part five of this Article.
7. Users of the register are heads of prosecutor's offices and bodies of pre-judicial investigation, prosecutors, investigators and other authorized persons of National police of Ukraine and the State bureau of investigations.
8. The right to be informed concerning the fact of stay of the particular person in the register is had:
rural, settlement and city chairmen, heads of public administrations, other public authorities and local self-government - concerning persons applying for holding the post of the head (deputy manager) of preschool educational institution, average educational institution, out-of-school educational institution, institution of the health care or other organization, organization obliged to exercise supervision of juvenile persons or to render services of medical, educational or social nature to juvenile persons also treat their sphere of management;
heads of preschool educational institutions, average educational institutions, out-of-school educational institutions, institutions of the health care or other organization, organization obliged to exercise supervision of juvenile persons or to render services of medical, educational or social nature to such persons, in connection with the solution of question of acceptance of person for work;
any physical person concerning information on;
any physical person concerning information on other person in case of availability of the Law of Ukraine certified according to requirements "About notariate" the consent of person concerning which such information is requested.
1. The state respects and protects the rights, freedoms and legitimate interests of convicts, provides necessary conditions for their correction and resocialization, social and legal security and their personal security.
2. Convicts have all rights of man and citizen provided by the Constitution of Ukraine, except for the restrictions determined by this Code, the laws of Ukraine and established by the court verdict.
3. Legal status of the condemned foreigners and stateless persons is determined by the laws of Ukraine, and also international treaties of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine.
4. Legal status of convicts is determined by the laws of Ukraine, and also this Code, proceeding from procedure and conditions of execution and serving of specific type of punishment.
5. Discrimination of convicts on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, the place of residence, on language or other signs is forbidden.
1. Convicts have the right:
on receipt of information on the rights and obligations, procedure and conditions of execution and serving of the penalty imposed by court. The administration of the organization or body performing punishment shall provide to convicts the specified information, and also acquaint them with changes of procedure and conditions of serving of punishments;
on the humane attitude towards them and respect of their human dignity; convicts shall not be exposed to the cruel, brutal or degrading their advantage address. Corrective actions can be applied to convicts only based on the law; convicts cannot be subjected to medical or other similar researches irrespective of their consent;
address according to the legislation with offers, statements and claims administration of bodies and organizations of execution of punishments, their higher bodies, the Representative of the Verkhovna Rada of Ukraine for human rights, the European Court of Human Rights, and also other relevant organs of the international organizations, member or the member of whom is Ukraine, to authorized persons of such international organizations, court, bodies of prosecutor's office, other public authorities, local government bodies and associations. The corresponding addresses (correspondence) move in administration of organization of execution of punishments. About receipt of the address (correspondence) by administration the coupon confirmation is issued to the convict. Within three days (and in the cases established by the legislation, within a day) from the moment of issue of the coupon confirmation the specified appeal (correspondence) is sent to the addressee;
offer explanations and correspond, and also address with offers, statements and claims in the native language. Answers are given to convicts in address language. In case of lack of opportunity to give the answer in address language it is given in Ukrainian with transfer of the answer to address language which is provided with body or organization of execution of punishments;
on health care in the amount established by Bases of the legislation of Ukraine on health protection, except for the restrictions provided by the law. Health protection is provided with system of medical and sanitary and improving and preventive actions, and also combination of free and paid forms of medical care. The right to the free choice and the admission of the doctor for receipt of medical care, including for own means is guaranteed to the convict. The convicts having frustration of mentality and behavior owing to alcohol intake, drugs, psychotropic substances or their analogs or other stupefying means can from their written consent receive medical treatment for the specified diseases;
on social security, including on registration of pensions, according to the laws of Ukraine;
receive in the procedure for transfer established by the law (except that convicts are forbidden to have in case of themselves the law, including weapon, narcotic or psychotropic substances, precursors);
on remunerative work according to the legislation on work. The legislation on work extends to convicts in the part concerning working conditions;
on implementation of freedom to practise any religion or to express the beliefs connected with the relation to religion including at free choice and the admission of the priest for departure of religious sacraments and ceremonies, except for the restrictions provided by this Code;
on proper material and household providing according to the procedure, established by this Law and regulatory legal acts of the Ministry of Justice of Ukraine;
on receipt of copies of documents from their personal records and another, connected with realization their rights, documents according to the procedure, established by the Ministry of Justice of Ukraine.
2. The right to legal assistance is guaranteed to the convict. For receipt of legal assistance convicts can use services of lawyers or other specialists in the field of the right who under the law have the right to provision of legal assistance personally or at the request of the legal entity. Such right extends also to the convicts who are on treatment in healthcare institutions.
3. The condemned foreigners have the right to keep in contact with diplomatic representations and consular establishments of the states, stateless persons, and also citizens of the states which have no diplomatic representations or consular establishments in Ukraine, - with diplomatic representations of the state which undertook protection of their interests or the international bodies or the organizations performing their protection.
4. The right to appointment according to the procedure, established by this Code is guaranteed to the convict. In case of stay on treatment in healthcare institutions the convict has the right to short-term appointments according to the procedure, determined by this Code.
5. Forced interruption of dream of convicts at night, except making by convicts of escape, mass riots, the fire, accident, natural disaster, direct threat of life of convicts is forbidden.
6. The head of administration of organization of execution of punishments bears the personal responsibility for accommodation of the convicts who arrived to organization. At the same time accommodation of such persons in rooms together with persons who have two or more criminal records, and also persons who can negatively influence them on the psychological qualities is forbidden.
7. Convicts to whom the court applies probations have the rights determined by this Code and the Law of Ukraine "About probation".
1. Convicts shall:
fulfill the duties of citizens of Ukraine established by the legislation, to steadily follow the rules of conduct provided for convicts not encroach on the rights and freedoms, honor and advantage of other persons;
fulfill the requirements of administration of bodies and organizations of execution of punishments of authorized body established by the legislation concerning probation;
it is polite to treat the personnel, other persons visiting organizations of execution of punishments and also other convicts;
be on challenge of administration of bodies and organizations of execution of punishments of authorized body concerning probation.
2. Non-execution by convicts of the obligations and the requirements of administration of bodies and organizations of execution of punishments established by the legislation attracts the responsibility established by the law.
3. Obligations of convicts to which the court applies probations are determined by this Code and the Law of Ukraine "About probation".
1. Convicts have the right to personal security.
2. In case of danger of life and to health of the convicts serving sentence in the form of arrest, restrictions of freedom, content in disciplinary battalion of the military personnel or imprisonments they have the right to file petition to any official of body or organization of execution of punishments with request for ensuring personal security. In this case the official shall take immediate measures on ensuring personal security of the convict.
3. The administration of organization of execution of punishments takes measures to transfer of the convict to the safe place, and also other measures for danger elimination, resolves issue of the place of further serving of punishment by it.
4. In case of availability of danger to life and health of convicts to which according to the law in connection with their participation in criminal trial the decision on application of security measures is made the administration of organization of execution of punishments takes measures for safety of these persons. Besides, the following measures can be applied to specified persons:
the isolated content;
transfer in other organization of execution of punishments.
5. Change of conditions of keeping of persons to which security measures are applied is performed with observance of the requirements provided by this Code and the legislation of Ukraine.
1. Bodies of execution of punishments are: the central executive body realizing state policy in the field of execution of criminal penalties and probation, its territorial authorities of management, authorized bodies concerning probation.
2. Organizations of execution of punishments are: arestny houses, criminal and executive organizations, special educational facilities (further - educational colonies) pre-trial detention centers in the cases provided by this Code.
3. Criminal and executive organizations are divided into criminal and executive open institutions (further - correction centers) and criminal and executive organizations of the closed type (further - corrective labor colonies).
4. Corrective labor colonies are divided into colonies of the minimum, average and maximum levels of safety.
5. Corrective labor colonies of the minimum level of safety are divided into colonies of the minimum level of safety with the facilitated conditions of keeping and colonies of the minimum level of safety with general terms of content.
6. In corrective labor colonies of the average level of safety sectors of the maximum level of safety for serving sentence by the men condemned to lifelong imprisonment can be created.
In corrective labor colonies of the minimum level of safety with general terms of content sectors of the average level of safety for serving sentence by the women condemned to lifelong imprisonment can be created.
7. In the limits determined by this Code and the laws of Ukraine, execution of criminal penalties is also performed by bodies of the public executive service, military units, guardrooms and disciplinary battalion.
8. Territorial authorities of management, authorized bodies concerning probation, arestny houses, correction centers, corrective labor and educational colonies, pre-trial detention centers will be organized and liquidated by the central executive body realizing state policy in the field of execution of criminal penalties and probation, and military units, guardrooms and disciplinary battalion - the Ministry of Defence of Ukraine.
Bodies of the public executive service perform punishment in the form of confiscation of property in cases and according to the procedure, provided by this Code and the laws of Ukraine.
Article 13. POWERS of AUTHORIZED BODY concerning the PROBATION
1. The authorized body concerning probation within the powers provides:
implementation of supervision of the convicts exempted from serving sentence with testing, exempted from serving sentence by the expectant mothers and women having children up to three years;
execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, social and corrective works;
realization of probation of programs concerning persons exempted from serving sentence with testing;
carrying out social and educational work with convicts to whom probations are applied;
implementation of actions for training of persons serving sentence in the form of restriction of freedom or imprisonment for certain term before release;
the direction of convicts to restriction of freedom for serving sentence in correction centers according to the procedure, determined by article 57 of this Code;
implementation of other actions determined by the legislation directed to correction of convicts and the prevention of making of repeated criminal offenses by them.
Military units, guardrooms perform punishments in the form of deprivation of military, special rank, rank, rank or qualification class, office restriction for the military personnel condemned for criminal offenses, arrest with content of convicts on guardrooms and also exercise control of behavior of the condemned military personnel exempted from serving sentence with testing.
1. Arestny houses perform punishments in the form of arrest.
2. Arestny houses contain full age persons, and also minors which at the time of the resolution of sentence performed sixteen years and which are condemned for criminal offenses.
Correction centers perform punishments in the form of restriction of freedom on persons condemned for criminal offenses and not serious crimes, and also convicts which this type of punishment is appointed according to Articles 82, 389 Criminal codes of Ukraine.
The disciplinary battalion performs punishments in the form of content in disciplinary battalion of the condemned military personnel of conscription service of the military personnel passing military service under the contract, faces of officers which pass personnel military service, faces of officers which undergo military service, the military personnel who is called up for military service on mobilization during the special period on military service of persons from among reservists during the special period (except the female military personnel).
1. Corrective labor colonies perform custodial sanctions for certain term, lifelong imprisonment.
2. Convicts to imprisonment serve sentences in corrective labor colonies:
the minimum level of safety with the facilitated conditions of keeping - convicts for the first time to imprisonment for the crimes committed on imprudence, and not serious crimes, and also persons translated from colonies of the minimum level of safety with general terms of content and colonies of the average level of safety according to the procedure, provided by this Code;
the minimum level of safety with general terms of content - men, for the first time convicts to imprisonment for not serious crimes; the women condemned for not heavy, heavy and especially serious crimes. In corrective labor colony of this type the also convicts translated from educational colonies according to the procedure, stipulated in Clause the 147th of this Code can serve sentence. In the sector of the average level of safety of corrective labor colony of this type also the women condemned to lifelong imprisonment can serve sentence;
the average level of safety - the women condemned to punishment in the form of lifelong imprisonment; women to whom punishment in the form of capital punishment or lifelong imprisonment is replaced with imprisonment with certain term according to the procedure of pardon or amnesty; men, for the first time convicts to imprisonment for heavy and especially serious crimes; the men who were earlier serving custodial sanction; the men condemned for making of intentional not serious crime during serving sentence in the form of imprisonment; the convicts translated from colonies of the maximum level of safety according to the procedure, provided by this Code. In the sector of the maximum level of safety of corrective labor colony of this type also the men condemned to lifelong imprisonment can serve sentences;
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