WORK AS A MEANS OF CONVICTED PERSONS CORRECTION IN PRISONS: CURRENT EXPERIENCE OF FOREIGN COUNTRIES

Abstract

The article is devoted to the analysis of the practice and scientists’ legal positions on the peculiarities of the sentences’ execution in the form of imprisonment in Germany, Norway, USA, France in terms of the effectiveness of achieving the goal of convicts’ correction through the prism of their employment. In the current conditions of reforming the penitentiary system of Ukraine, with the introduction of a pilot project to create paid chambers in pre-trial detention centers and large-scale sale of prisons, restructuring the infrastructure of pre-trial detention centers, conservation of detention facilities, the issue of convicts’ correction has been significantly minimized. It has been pointed out that within the framework of ensuring the rights of convicts, compliance with the conditions of their detention, the introduction of «penitentiary probation», the issues of creating more effective tools in order to motivate convicts to work for real correction and create an effective mechanism for their implementation remain still open. It has been suggested that for solving these issues it is expedient to use the comparative approach to study the current experience of countries that have proved their effectiveness in this field and achieved better results. An analysis of the effectiveness of the convicts’ correction in the frame of state policy implementation in this area in Germany, Norway, USA, France, showed that the issues, related to the executions organization, prisoners’ employment, the possibility of obtaining certain funds, ensuring proper health care is carried out within the so-called «import of services». The peculiarities of their activity have been outlined, the legal aspects of standardization have been determined and the possibilities of their use in the domestic space have been formulated. It has been proposed to consider the correction of a person as the purpose of punishment through the prism of its effectiveness in the context of the state policy of reforming the penitentiary system of Ukraine. It has been recommended: to introduce the involvement of the private sector in the executions organization in the form of imprisonment; to regulate the order of its activity, particularly the companies that will be involved in it; to determine the procedure for convicts’ employment with work types standardization that will contribute to their correction and the real possibility of remuneration in accordance with current legislation; to provide opportunities for convicts to study and improve their skills in case of involvement in various types of work; to eliminate any deductions from the convicts’ earnings, except those provided by a court decision; to specify for the daily detention of convicts in case of their employment impossibility; to establish control over the companies activities that will be involved in the sentences execution organization.