CRIMINAL-EXECUTIVE PRINCIPLES OF CONVICTS’ MATERIAL LIABILITY IN PLACES OF IMPRISONMENT OF THE STATE CRIMINAL EXECUTIVE SERVICE OF UKRAINE

Abstract

The article examines the criminal- executive principles of material liability of convicts in places of imprisonment of the State Criminal Executive Service of Ukraine for compensation for damages caused to the colony, and additional costs associated with stopping the escape of a convict, treatment of a convict who intentionally inflicted bodily harm on himself, etc.It is proven that this problem has always been on the agenda of operational and service measures, summarizing the work of bodies and institutions for the execution of sentences of the State Criminal Executive Service of Ukraine, scientific discussions of Ukrainian scientists. It is noted that when establishing material liability for convicts in places of imprisonment of the State Criminal Executive Service of Ukraine, the legislator takes into account many circumstances that form the prerequisites for such a decision, in particular, in the case of causing damage to convicts by committing a new criminal offense.Since the places of imprisonment of the State Criminal Executive Service of Ukraine cover several types of punishments: restriction of liberty; deprivation of liberty for a certain period of time and life imprisonment, as well as the stay of prisoners and convicts in pre-trial detention centers, this article examines the material liability of convicts in places of imprisonment of the State Criminal Executive Service of Ukraine as a topical and little-studied problem.The article analyzes the scientific positions of Ukrainian scientists on the material liability of convicts in places of imprisonment of the State Criminal Executive Service of Ukraine, and notes that this problem is considered superficially by them, a monographic study has not been conducted at all. The role of public control in the application of material liability by the administration of a correctional colony to convicts in the event of causing damage to the correctional colony is revealed.Based on the conducted scientific analysis of the material liability of convicts in places of deprivation of imprisonment of the State Criminal Executive Service of Ukraine, the following conclusions were made: – firstly, in view of the reform of the penitentiary system of Ukraine, it has been proven that the practical implementation of the material liability of convicts in places of deprivation of liberty of the State Committee for the State Penitentiary Service of Ukraine by the bodies and institutions of execution of sentences requires not only scientific support, but also legislative improvement; – secondly, the regulatory and legal framework for ensuring the material liability of convicts in places of deprivation of liberty of the State Committee for the State Penitentiary Service of Ukraine requires updating through the adoption of the Law of Ukraine «On the Penitentiary System» and the Penitentiary Code of Ukraine; – thirdly, it is proposed to amend Article 136 of the Criminal Enforcement Code of Ukraine, which would provide for the conclusion of an agreement between the administration of the penal colony and the convict regarding material liability during the serving of the sentence.