THEORETICAL AND LEGAL ANALYSIS OF INTERNATIONAL STANDARDS FOR THE TREATMENT AND CONTAINMENT OF CONSUMED

Abstract

The article provides a theoretical and legal analysis of international standards for the treatment and maintenance of convicts, certain issues related to the protection of the rights of such persons, ways of introducing into national legislation the norms of international legal acts that enshrine human rights and freedoms. Attention is focused on the Minimum Standards for the Treatment of Prisoners, the European Penitentiary Rules, the Tokyo and Beijing Rules, since one of the areas of international law enforcement activity is the development and adoption of international legal acts that have a significant impact on the system of enforcement bodies. The main criterion for the enactment of these international legal acts was the observance of human rights in the context of the treatment of convicted persons in penal institutions. In this regard, the penitentiary system was faced with the question of ensuring its effectiveness by directing its activities in accordance with international standards and rules. The article defines the classification of international legal standards and focuses on general and specific standards. The analysis of these standard rules states that they aim to propose their recommendations for the establishment in countries of universally recognized minimum conditions of humane treatment and detention of persons deprived of their liberty, in order to ensure respect for human dignity and full respect for human rights at all stages of criminal proceedings. At the same time, the problems and systemic violations of human rights in places of detention, indicated in the annual report of the Authorized Person of the Verkhovna Rada of Ukraine for Human Rights on the state of observance and protection of human and civil rights and freedoms in Ukraine in 2019, were identified. Today, the priorities in the sphere of the execution of sentences should be: ensuring human rights, observing the minimum standard rules for the treatment and maintenance of convicts, increasing the efficiency of the activities of the bodies of the criminal executive direction.