ANALYSIS OF PROBLEM ISSUES OF CONVICTS’ LABOR

Author (s): Shumna L. P., Sikun A. M., Korenkova T. Yu.

Work place:

Shumna L. P.

Doctor of Sciences (Law), Associate Professor,

Head of the Department of State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine

Sikun A. M.

Postgraduate Student of the Department of State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine

Korenkova T. Yu.

Postgraduate Student of the Department of State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2018 No 2(4): 37-52

https://doi.org/10.32755/sjlaw.2018.02.037

Summary

The role of the Commissioner for Human Rights, the National Preventive Mechanism, the State Labor Law and a penal institution in the area of convicts’ labor rights observing is highlighted in the article.

It is determined that normative and legal acts in the area of convicts’ labor have some differences in issues of remuneration, norms of working time, shortened working hours, work on holidays and weekends, labor protection, safety and industrial sanitation, labor dispute resolution, free choice of work, etc. After analyzing of these aspects, it was concluded that regulatory legal framework in these matters needs to be amended or clarified in order to solve the existing problem.

Violation of labor law standards from practice of controlling and checking bodies was shown. The annual reports of the Commissioner for Human Rights for 2015-2017 years were analyzed. In addition, decisions were made by the State Labor Inspectorate regarding fines for violating labor law in penal institutions, as well as the results of monitoring visit of the National Preventive Mechanism, indicating the shortcomings detected during the inspections.

On the basis of this, it was established that the fact that the fixed-term employment contract between a convict and a criminal and executive institution is made up with mistakes or is not made up at all. It means that the length of time required to appoint a pension to a convict will not be counted the term of his staying in penal institutions that, in turn, will also negatively contribute to the correction, re-socialization and adaptation of the individuals after serving a sentence. Also, the facts of the pressure on the convicts and information manipulation in order to hide occupational injuries that arises as a result of violation of legislative norms of labor law, were also highlighted. It is interesting to highlight the analysis of the study, which cites the convicts, what they say about work in penal institutions that to a certain extent reflects the actual state of convicts’ labor at the present stage, and once again indicates that there is still a coercion to work; labor is not used as a means of correction and re-socialization, but as a means of intimidation and to some degree of torture.Key words: labor, convicts’ labor, labor relations of the persons who are in penitentiary institutions, penal institutions, right to work, State Labor Organization, National Preventive Mechanism, Commissioner for Human Rights.REFERENCES

  1. Ukrainian Soviet Socialist Republic (1971), „Labor Code of Ukraine”, Verkhovna Rada of the Ukrainian Soviet Socialist Republic, Kуiv, № 50.
  2. Ukraine (2004), „Criminal-executive code of Ukraine”, Verkhovna Rada of Ukraine, Kуiv, № 3–4.
  3. Ukraine (2017), Annual report of the Ukrainian Parliament Commissioner for Human Rights on the state of observance of human and civil rights and freedoms in Ukraine, Ukrainian Parliament Commissioner for Human Rights, Kуiv.
  4. Ukraine (2016), Annual report of the Ukrainian Parliament Commissioner for Human Rights on the state of observance of human and civil rights and freedoms in Ukraine, Ukrainian Parliament Commissioner for Human Rights, Kуiv.
  5. Kуiv Time (2018), “In the Buchen penal colony, the fact of a traumatized prisoner was hidden in the work”, available at: https://kievtime.com/kiev-region/bucha/u-buchanskij-vypravnij-koloniyi-pryhovaly-fakt-travmuvannya-zasudzhenogo-na-vyrobnytstvi/ (accessed 20.01.2019).
  6. Ukraine (2011), Some issues of investigation and accounting of accidents, occupational diseases and accidents at work, Cabinet of Ministers of Ukraine, Kуiv.
  7. Ukraine (2018), Annual report of the Ukrainian Parliament Commissioner for Human Rights on the state of observance of human and civil rights and freedoms in Ukraine, Ukrainian Parliament Commissioner for Human Rights, Kуiv.
  8. Ukrainian Parliament Commissioner for Human Rights (2018), In the Chernihiv Investigative Insulator they violate the rights of prisoners, available at: http://www.ombudsman.gov.ua/ua/all-news/pr/v-chernigivskomu-slidchomu-izolyatori-nayavni-porushennya-prav-vyazniv/ (accessed 20.01.2019).
  9. Reference on the results of the comprehensive verification of compliance with the requirements of the criminal-executive legislation by the administration of the State institution “Cherkassk correctional colony” (No. 62) of 07/27/2018.
  10. Judgment case number 815/6445/17 (2017), available at: http://reyestr.court.gov.ua/Review/71329572
  11. Judgment case number 815/6750/17 (2018), available at: http://reyestr.court.gov.ua/Review/74226165.
  12. Byelousov, Y. and Shvets, Z. (2017), Prisoner’s eyes with prisoner, research, Human Rights Expert Center, Kуiv.

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