ANALYSIS OF CERTAIN ASPECTS OF THE PENITENTIARY SYSTEMS OF ENGLAND, WALES AND OF UKRAINE: COMMON AND DISTINCTIVE FEATURES

Abstract

The article, based on the conducted analysis, established that the activity of penitentiary institutions in Great Britain is regulated by a set of precedents, norms of criminal, criminal procedural and penitentiary law, the special law “On Prisons” from 1952 and the laws “On Criminal Law” from 1967, “On criminal law” from 1977, “On police and evidence in criminal cases” from 1984, “On criminal justice” from 1988, “On criminal justice” from 1991, “On criminal justice” from 1993, Rules Prisoners of 1999, the rules of the functioning of institutions for 16 young criminals of 2000, other normative legal acts. It was found that in the prisons of England and Wales, the most important criterion for the division (categorization) of convicts is the degree of the threat of their escape, which determines the appropriate classification of institutions for the execution of punishments related to deprivation of liberty. In particular, custodial institutions in England and Wales are classified by security level as follows: prisons of category “A” (maximum security), category “B” (medium security), category “C” (semi-open type), category “D” (open type). At the same time, it is possible to create isolated departments (sectors) of a higher level of security in institutions of a lower level. This testifies to the multi-functionality of penal institutions in England and Wales, which makes it possible to implement a progressive system within one institution. According to the administrative-territorial principle, prisons are divided into central and local ones. All local prisons are closed institutions. The functions of local prisons in England and Wales are singled out, in particular: 1) implementation of a preventive measure in the form of detention; 2) execution of short-term imprisonment; 3) initial assessment and classification of convicts with subsequent referral to serve their sentences in other institutions according to distribution. It is noted that the main directions of implementation of the principles of differentiation and individualization of the execution of punishments in England and Wales are: 1) the possibility of serving the punishment in the region of concentration of socially useful connections of the convict; 2) application of rehabilitation programs to differentiated groups of convicts; 3) creation of separate institutions for certain categories of convicts (persons sentenced to life imprisonment; persons serving a sentence for committing sexual crimes); 4) individualized punitive and correctional influence on the convict.