The article examines the issue of the current state of implementation of the right to work by prisoners held in remand detention centers of Ukraine. The concepts of prisoner and convict are given to distinguish them. It is being considered which categories of persons can be held in pretrial detention centers. The quantitative index of prisoners as of January 1, 2023 is presented in the article, who are held in pretrial detention centers and in penitentiary institutions that perform the function of pre-trial detention centers on the territory of Ukraine.

The procedure for engaging prisoners to work is disclosed in accordance with the Law of Ukraine “On Pretrial Detention”, as well as the Rules of the Internal Procedures of Pretrial Detention Centers of the State Criminal and Executive Service of Ukraine. The comments and recommendations made by the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment during their visit to detention centers of Ukraine in different years are given. As an example, the decision of the European Court of Human Affairs, namely the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment, which indicates that the employment of prisoners, including providing them with certain work, should have a positive effect on their detention.

In the article attention is focused on the complicated procedure of engaging in socially useful work of persons taken into custody in workshops and certain recommendations are given regarding its optimization.

A proposal for the introduction of remote work in detention centers for prisoners is given, which in turn will fully expand the type of possible work for prisoners, as well as satisfy the problem of employment.

The Strategy for the reform of the penitentiary system for the period until 2026 was considered, namely the issue of changing approaches to the involvement of convicts and persons taken into custody for gainful employment.

Key words: prisoners, work of prisoners, employment, work, detention center, penitentiary institutions.

References

1. Ukraine (1993), On previous imprisonment: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
2. Ukraine (2019), On the approval of the Rules of internal procedure of investigative detention centers of the State Criminal and Executive Service of Ukraine: Order, Ministry of Justice of Ukraine, Kyiv.
3. State Criminal and Executive Service (2023), General characteristics of the State Criminal and Executive Service of Ukraine, available at: https://kvs.gov.ua/wp-content/uploads/2023/01/Загальна-характеристика-01.01.2023.pdf (accessed 2 January 2023).
4. Ukraine (1996), Constitution of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
5. Chovhan, V. (2020), Analysis of the implementation of the recommendations regarding the penitentiary system provided to Ukraine by the European Committee for the Prevention of Torture since 1998, Law, Kharkiv.
6. European Court of Human Rights (2006), The case of “Twins against Ukraine” (Request № 72277/01): Decision of the European Court of Human Rights, Strasbourg.
7. Ukraine (2012), Criminal Procedure Code of Ukraine: Code of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
8. Ukraine (2012), On the approval of the Regulation on the workshop of the penitentiary institution, pretrial detention center: Order, Ministry of Justice of Ukraine, Kyiv.
9. Ukraine (1971), Labor Code of Ukraine: Code of Ukraine, Verkhovna Rada of Ukraine, Ukrainian Soviet Socialist Republic, Kyiv.
10. Ukraine (2022), On the approval of the Penitentiary System Reform Strategy for the period until 2026 and the approval of the operational plan for its implementation in 2022-2024: Order, Cabinet of Ministers of Ukraine, Kyiv.
11. Mokrytska, N. (2014), “Peculiarities of exercising the right to work by persons in custody”, Legal Ukraine, № 12 (144), PP. 55–59.