HISTORICAL AND LEGAL PRINCIPLES OF THE FORMATION AND DEVELOPMENT OF REMAND PRISONS AS SUBJECTS FOR EXECUTION OF COURT DECISIONS REGARDING CONVICTS AND PRISONERS IN UKRAINE

Abstract

The article describes the historical and legal principles of the formation and development of remand prisons as subjects for execution of court decisions regarding convicts and prisoners in Ukraine. Based on the results of the historical and legal analysis, the following conclusions were formulated: 1. The primary historical function of remand prisons was to ensure the process of pre-trial detention, and only then to execute criminal punishments, up to the most severe ones. 2. Pre-trial detention was used during the indictment process and was a component of the oldest investigative procedures. Even in the Old Russian period, there were practices of pre-trial detention in “barrows”, “pits” and “burials”. For the first time in Ukrainian law, it was in the statutes of the Grand Duchy of Lithuania that the grounds, conditions, terms and procedural features of detention were established. In addition, guarantees of the impossibility of illegal arrest and imprisonment without a court verdict were established. 3. The name “remand prison” appeared directly in the second half of the XX century, because before that the place where the suspect was kept was a prison. The first remand prisons appeared in the 1960s. Most of them are housed in former “prison castles” built during the times of the Russian and Austro-Hungarian empires. 4. A significant part of the functional remand prisons in Ukraine – Zaporizhia, Izmail, Novgorod- Siversky, Chernivtsi, Lutsk, Lviv, Kyiv, Odesa, Sumy, Dnipro, Kharkiv, Poltava, Chernihiv – are located in the premises of former prison castles built or modernized in XIX century in the times of the Russian and Austro- Hungarian monarchies.