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PENITENTIARY CODE OF UKRAINE

of July 11, 2003 No. 1129-IV

(The last edition from 02-10-2018)

General part

Section I General provisions

Chapter 1 Criminal and executive legislation of Ukraine

Article 1. Purpose and tasks of the criminal and executive legislation of Ukraine

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.

Article 2. Criminal and executive legislation of Ukraine

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.

Article 3. Operation of the criminal and executive legislation in space and time

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.

Article 4. Basis of execution and serving sentence

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.

Article 5. Principles of the criminal and executive legislation, execution and serving of punishments

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.

Article 6. Correction and resocialization of convicts and their fixed assets

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.

Chapter 2 Legal status of convicts

Article 7. Bases of legal status of convicts

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.

Article 8. Basic rights of convicts

1. Convicts have the right:

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