PECULIARITIES OF DETENTION OF PERSONS FOR CRIMINAL OFFENSES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE

Author (s): Kovalevskyi А.V.

Work place:

Kovalevskyi А.V.,

Senior lecturer of the Department of Legal and Special training,

Territorially Separate Branch “Kamianske Branch of the

Academy of the State Penitentiary Service”,

Kamianske, Ukraine

e-mail: artemkowalewskij@gmail.com

ORCID : 0000-0002-1970-8768

 

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2022 No 2 (16): 80-88

https://doi.org/10.32755/sjlaw.2022.02.080

Summary

The author considers the features of criminal offenses in the article, which are related to extremism based on a comprehensive analysis based on previous studies of national scientists in which there is no consensus on the signs of intolerance draws conclusions and characterizes such acts, identifies their individual characteristics.

Particular attention is paid to the detention conditions while realization of the preventive measures in the form of detention of such categories of persons accused of committing crimes on the grounds of racial, national or religious intolerance, which is important in the field of human rights, in isolation, overcoming discrimination against all its manifestations and ensuring personal safety.

The author emphasizes that the pre-trial detention centers of the State Criminal and Executive Service of Ukraine are an institution for the implementation of a preventive measure in the form of detention, so considerable attention should be paid to the reception and placement of this category of prisoners. The article offers proposals for improving national legislation to allocate this category of persons to a separate group. It is concluded that attention is not paid enough to the personal safety of the personnel of penitentiary institutions. A number of specific issues have been clarified, namely the recommendations of the personnel of penitentiary institutions in which such persons are detained. Personnel should be careful and vigilant in dealing with them, aware of their life directions, fanaticism, radical views of those under fire for committing criminal offenses based on racial, national or religious intolerance.

Key words: pre-trial detention, detention on grounds of racial, national or religious intolerance, hatred, hostility, categories of persons, penitentiary institution, detention center, penitentiary system.

References

  1. The United Nations (1948), Universal Declaration of Human Rights: Declaration, General Assembly, New York.
  2. Council of Europe (1950), On the protection of human rights and fundamental rights: Convention, Rome.
  3. Ukraine (1996), Constitution of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  4. Boiko, А.М., Brych, L.P., Hryshchuk, V.K. and others (2010), “Scientific and practical commentary on the Criminal Code of Ukraine”, Legal thought, Kyiv.
  5. Leonenko, Т.Ye. (2021), “Religious crime as a modern direction of criminological research”, Crime and counteraction to it in the conditions of singularity, Kharkiv, PP. 103-105.
  6. Ukraine (2013), Criminal Procedure Code of Ukraine: Code of Ukraine, Verkhovna Rada of Ukraine,
  7. Ukraine (1993), On pre-trial detention: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
  8. Ukraine (2019), Rules of internal procedure of pre-trial detention centers of the State Criminal and Executive Service of Ukraine: approved by order of the Ministry of Justice of Ukraine, Kyiv.

[collapse]

Full text

©2024. Penitentiary academy of Ukraine