Donetsk Memorial • Kharkiv Human Rights Group
Ukr

DECREE OF THE PRESIDENT OF UKRAINE

On the Concept of Reforming the State Penitentiary Service of Ukraine

Application of punishment in the form of deprivation of liberty between 1987 and 2007

Structure of Sentences Imposed on Convicted Persons in 2002–2006

Court ruling regarding the unlawful actions of the head of the Department administration in the Mykolaiv region

Decision of the Budionivskyi District Court of Donetsk, dated 14 September 2007, regarding the administrative lawsuit filed by Oleksandr Bukalov, head of the human rights organisation “Donetsk Memorial”, concerning the unlawful refusal to provide information by the Head of the Department administration in the Mykolaiv region, O.V. Honcharenko. Provided are the texts of the court decision and the administrative lawsuit.

Celebrating Department Day in a women's penal colony

22 April marks 10 years since the establishment of the State Department of Ukraine for the Execution of Sentences. For the staff of the Chernihiv Women's Penal Colony, a concert was organised through the joint efforts of local authorities and the public.

Give a chance for rehabilitation!

What are the consequences of imprisonment? The deprivation of liberty for a fixed term, as a criminal penalty for an offence committed, involves isolating the convicted person from society and forcibly confining them to a penal institution. It is imposed in cases where the court deems the defendant a danger to society, and that their rehabilitation and re-education are possible only under conditions of isolation from society. An analysis of the penal system’s operations shows that those sentenced to alternative punishments commit repeat offences less frequently than those who have served time in places of imprisonment.

The Department is Ten Years Old

“Donetsk Memorial” and “Prison Portal” congratulate the system's staff on their professional holiday.

Legal Assistance for Penal Institution Staff

Specialists from the Civil Registry Office were invited to the Chernihiv Women's Penal Colony to provide legal assistance to staff. As part of the project “Ensuring Social and Legal Protection for Penitentiary System Staff – A Guarantee of Respect for Inmate Rights”, supported by the International Renaissance Foundation, the charitable organisation “Chernihiv Women's Human Rights Centre” is conducting work to provide legal assistance to the staff of penal institutions in the Chernihiv region.

ANOTHER CONCEPT FOR REFORMING THE DEPARTMENT

A new Concept of state policy in the sphere of criminal punishment execution has been prepared. The Concept has not undergone public discussion, but there is an attempt to adopt it in haste. Below is the text of the draft of the prepared document

REPLACING PUNISHMENT WITH A FINE. SOMETIMES IT IS POSSIBLE, SOMETIMES IT IS NECESSARY

Recently, in practice, questions have arisen regarding the possibility of applying to persons serving sentences in the form of correctional labour the replacement of the unserved part of the punishment with a fine, as provided for by Art. 46 of the Criminal-Executive Code of Ukraine (hereinafter—the CEC of Ukraine). In particular, in some cases, courts, referring to the provisions of Art. 82 of the Criminal Code of Ukraine, refuse to apply the named norm on the grounds that the convict, in their opinion, has either not proven their rehabilitation or has not served a specified part of the sentence term.

THE DEPARTMENT HAS AGAIN VIOLATED PRISONERS’ RIGHTS WITH ITS ORDER

The new Department Order No. 1 of 11 January 2008 does not contain regulatory provisions for granting short-term leave to inmates in connection with exceptional circumstances. This could lead to a violation of their legal rights and interests, and the absence of a procedure for handing over a deceased inmate to relatives for burial leads to a violation of the relatives’ rights.

CHERNIHIV CITY MONITORING COMMISSION HOLDS ITS MEETINGS IN THE PENAL INSTITUTION

Every third Thursday of the month at 14:00, the Chernihiv City Monitoring Commission holds a meeting at the colony.