PROBLEMS OF THE ADMINISTRATIVE AND LEGAL PRINCIPLES OF THE REFORM (DEVELOPMENT) OF THE CRIMINAL AND EXECUTIVE SYSTEM OF UKRAINE IN THE CONDITIONS OF THE LEGAL REGIME OF MARTIAL LAW

Abstract

The article proves that the modern system of administrative law is able to ensure the proper, objective reformation (development) of the criminal-executive system of Ukraine in the conditions of the martial law regime, as it is one of the most stable command-administrative management systems that came to us after 1991. It has been established that for Ukraine, where there is a war, the fundamental reform (development) of the criminal-executive system of Ukraine and its transformation into a penitentiary system is an integral part of the observance of the rule of law and international standards of treatment with convicts and prisoners in places of imprisonment by the State Criminal-Executive Service of Ukraine, legality, individualization and differentiation of punishment, observance of official discipline by rank-and-file and senior staff, etc. It is noted that the problems of the administrative-legal foundations of the reform (development) of the criminal-executive system of Ukraine in the conditions of the legal regime of martial law have not been the subject of a separate study yet, in particular at the doctrinal administrative-legal level. This determines the importance and relevance of the study of the problems of reform (the development of the criminal-executive system of Ukraine and its efforts to transform into a modern penitentiary system of a new model). It has been proven that Russia’s war against Ukraine posed new challenges to the criminal– executive system of Ukraine. Among them: reformation (development) of the criminal enforcement system and its transformation into a penitentiary; development and approval of the plan for the evacuation of convicts and personnel from places of imprisonment; provision of dynamic security in the conditions of the legal regime of martial law; observance of legality and official discipline by members of the rank and file of the State Criminal-Executive Service of Ukraine in working with convicts and prisoners of war who are in temporary camps; review of the conditions for ensuring the rights and freedoms of both convicts and prisoners in places of imprisonment of the State Criminal-Executive Service of Ukraine, etc. The author’s position is substantiated that the timely reform (development) of the criminal-executive system of Ukraine will increase the level of compliance by personnel in places of imprisonment with the legality and responsibility of the administration of bodies and institutions for the execution of punishments of the State Criminal Court of Ukraine and the State institution “Probation Center” in ensuring proper conditions for convicts to serve their sentences and will create a foundation for the country’s population’s trust in the penitentiary system. The author’s definition of the administrative-legal principles of the reform (development) of the criminal-executive system of Ukraine is formulated – this is the activity of the Ministry of Justice of Ukraine regulated by national legislation, which is aimed at ensuring the functioning of the criminal-executive system of Ukraine, through the execution of organizational-legal and administrative actions of a public nature with the aim of implementing tasks and implementation of goals with the help of administrative and legal means.