ON SOME FEATURES OF PROSECUTORIAL SUPERVISION IN THE FIELD OF EXECUTION OF SENTENCES IN UKRAINE

Abstract

The article identifies the features of prosecutorial oversight on issues related to the provision of personal data on detainees, convicts and staff of penitentiary institutions, as well as identifies issues that affect the effectiveness of this activity, and develops some measures for their solution in essence. As practice shows, one of the significant problems that arises in the process of execution – serving sentences in Ukraine is the inadequate confidentiality of information concerning personal data of detainees, convicts and staff of penitentiary institutions. At the same time, among the circumstances that negatively affect this type of operational and service activities of the penitentiary administration, a special place is occupied by the low level of prosecutorial supervision in the field of execution of sentences in Ukraine. Regulatory principles of this type of supervision are defined in Art. 26 of the Law of Ukraine «On the Prosecutor’s Office» and Art. 22 of the Criminal Enforcement Code (CEC) of Ukraine, but their conflict and some contradictions in the implementation of the content of criminal enforcement activities do not allow to properly respond to violations of law in the process of execution – serving sentences, as well as eliminate, block, etc. determinants that generate and condition their commission. In addition, it should be noted that the objects of legal protection and prosecutorial supervision in this area of p ublic relations should be the rights and legitimate interests of both prisoners and convicts, and staff of penitentiary institutions and institutions, which are full and necessary objects of criminal-executive legal relations. At the same time, it should be noted that in the current conditions of reforming the legislation of Ukraine on ORD and criminal-executive activity, this issue is not fully explored, and therefore objectively necessitates the intensification of scientific developments concerning, in particular, the prosecutor’s office. supervision in the field of execution of punishments of Ukraine. In view of this and taking into account the recent reforms in the field of execution of punishments in Ukraine, we can assume that the chosen topic of this scientific article is relevant and has theoretical and applied significance.