PECULIARITIES OF INTERNATIONAL LEGAL REGULATION OF THE RIGHTS AND FREEDOMS OF CONVICTS

Abstract

In modern international law, there are so-called international standards of human rights, in relation to which states have assumed international obligations regarding their observance and implementation in national legislation. This obligation is determined by the fact that modern international law defines human rights and the obligation to ensure them as a requirement that is put forward to the state, is above it, and does not depend in its imperative nature on the will of the state. The state does not express its consent to granting or not granting human rights, to ensuring or not ensuring their protection. This duty is imposed on the state by virtue of the very nature of these rights, by virtue of their natural character and the derived, artificial nature of the state. Also, it should be noted that the observance and provision of a special category of human rights, such as the rights and freedoms of convicts, the international standards that establish them, the specifics of the implementation of these standards in national legal systems, implementation procedures, and the fulfillment of international obligations require a more detailed study. In the development of international legal regulation of the rights and freedoms of convicts at the universal level, the role of the UN was noted, which contributed to the development, adoption and implementation of general and special international legal acts in this direction. At the universal level, taking into account the special condition of such a category of people as convicts, the Minimum Standard Rules for the Treatment of Prisoners were developed and adopted by the international community in order to observe and ensure the human rights of such a category of persons with a special status. The importance of the Minimum Standards is that they exist in the form of rules for the treatment of prisoners and are an international act, the provisions of which are characterized by a universal character. These standards contain both the principles of treatment of persons deprived of liberty and recommendations regarding the minimum acceptable level of such treatment.