The European penitentiary regulationz as to the arrest of servicemen

Author (s): Ostapchiuk L. H

Work place: 

Ph.D. in Law, Associate Professor of the Department of  Criminal, Criminal and Executive Law and Criminology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine;

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2017 No 2(2):188-195


The author considers that the investigated criminal penalty applied to servicemen has its peculiarities, as servicemen serve their sentence while being in the army, so arrested servicemen are not deprived of their special status that is regulated by the departmental nominative and legal acts.

The author states that as Criminal Law theory of Ukraine and judicial practice has never dealt with such criminal punishment as arrest so the correspondence of national norms of legislature to norms of International law is of great interest to lawyers.

Among the main issues of legislature in Ukraine regulate legal rules dealing with arrest one can define its discrepancy between the European penitentiary regulations and national ones.

The author focuses on the norms that assure the right to health care, the right to buy food and articles of top priorities, the right to have sits with relatives and close friends, the right to make telephone calls, the right to be kept in custody with the convicts of the same sex, the right to be treated with respect to person’s dignity for the convicted servicemen.

The author marks that it is a good experience to involve a highly qualified staff in work with convicted servicemen. This staff should be selected properly, they should have appropriate training, wages and the status that is respected by the community.

The author considers that legislative regulation and practical activity of guardroom dealing with the arrest of servicemen is at variance with norms of international legislature. That is why carrying out the reforms in the penitentiary service is urgent nowadays. First of all it is necessary to bring military penitentiary institutions into accordance with international legal acts that define the rules of treatment convicts and inmates as most of them have a reference and an obligatory character.

Key words: convicted, a serviceman, an arrest, a guardroom, penitentiary service.


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