The Criminal Executive Code of Ukraine
Date of Entry into Force:
January 1, 2004
The Criminal Executive Code of Ukraine (hereinafter refer to as “the Code”) regulates the procedure and conditions of criminal sentences execution and serving for protection of interests of individual, society and state by creation of conditions for correction and re-socialization of the condemned, prevention of commitment of new crimes by the condemned and by other persons, as well as prevention of tortures and inhuman or such that humiliates dignity treatment of the condemned. The tasks of the Criminal Executive Code of Ukraine are determination of: principles of criminal sentences execution, legal status of the condemned, guarantees of protection of their rights, legal interests and duties; the procedure of application influence measures to them with the purpose of correction and prevention of antisocial behavior; system of bodies and establishments for sentences execution, their functions and procedure of activity; supervision and control over criminal sentences execution, participation of public in this process; as well as regulation of procedure and conditions of criminal sentences execution and serving; release from sentence serving, assistance to the persons released from punishment, control and supervision over them. The Code is divided into General and Special Parts.
Pursuant to General Part of the Code, criminal executive legislation, execution and serving of sentences shall be based on the principles of inevitability of execution and serving sentences, legality, justice, humanism, democracy, equality of the condemned before law, mutual responsibility of the state and the condemned, differentiation and individualization of punishments execution, effective use of coercive measures and stimulation of loyal to law behavior, combination of punishment with correctional influence, as well as participation of public in stipulated by law cases in activity of bodies and establishments for execution of sentences.
Correction of condemned person is the process of positive changes in his/her personality which create in him/her readiness to self-regulated loyal to law behavior. Re-socialization is the person's conscious renewal of social status of full member of society; his/her return to independent generally accepted social normative life in society. Correction of the condemned shall be necessary condition of re-socialization. Basic means of correction and re-socialization of the condemned shall be set procedure of execution and serving of sentence (regime), socially useful work, social educating work, general education and vocational training, public influence. Means of correction and re-socialization of the condemned shall be used taking into account type of punishment, personality of condemned, character, degree of public danger and reasons of committed crime and behavior of the condemned during serving sentence.
The condemned shall enjoy all rights of a human being and a citizen except limitations inscribed by the laws of Ukraine and this Code and set by sentence of court. The condemned shall have the right to personal safety.
Bodies for execution of sentences shall be the State Department of Ukraine for Execution of Sentences, its territorial management bodies, criminal executive inspection.
The institutions of sentence execution are: arrest houses, criminal executive establishments, special educational establishments (hereinafter educational colonies). Criminal executive establishments are divided into open criminal executive establishments (hereinafter correctional centers) and closed criminal executive establishments (hereinafter correctional colonies). Correctional colonies are divided into colonies of minimum, middle and maximum safety level. Correctional colonies of minimum safety level are divided into colonies of minimum safety level with the facilitated terms of holding and colonies of minimum safety level with general conditions of holding. Within the scopes determined by this Code and laws of Ukraine, criminal sentences shall be also executed by the State Executive Service, military units, guardhouses and disciplinary battalion. Territorial management bodies, criminal executive inspection, arrest houses, correctional centers, correctional and educational colonies shall be organized and liquidated by the State Department of Ukraine for Execution of Sentences, and military units, guardhouses and disciplinary battalion - by the Ministry of Defense of Ukraine.
State Executive Service executes punishments in the form of penalty and confiscation of property in cases and procedure stipulated by this Code and laws of Ukraine. Criminal Executive Inspection executes punishments in the form of deprivation of right to hold certain posts or carry out certain activity, social works and correctional works. Arrest houses execute punishments in the form of arrest. Correctional centers execute punishments in the form of limitation of freedom in relation to the persons condemned for crimes of small and middle gravity, as well as to the condemned, who were sentenced in compliance with articles 82, of a 389 of the Criminal Code of Ukraine. Correctional colonies execute punishment in the form of imprisonment for a certain term or lifelong imprisonment. Isolation wards perform the functions of correctional colonies of minimum safety level with general conditions of holding and of correctional colonies of middle safety level in relation to the condemned who do economic service. Educational colonies execute punishment in the form of imprisonment for a certain term in relation to the condemned minors.
Supervision of prosecutor over adherence to laws during execution of criminal sentences in bodies and establishments of sentences execution shall be carried out by the General Prosecutor of Ukraine and subordinate to him public prosecutors in accordance with the Law of Ukraine "On Office of General of Prosecutor". Activity of bodies and establishments for sentences execution shall be under departmental control of high management bodies and officials of the State Department of Ukraine for Execution of Sentences.
Special Part of the Code consists of four chapters. Chapter two of the Code is devoted to the procedure of execution of sentences which are not connected with deprivation of liberty. So, it sets the procedure of execution of punishment in the form of penalty, consequences of avoidance to pay penalty, procedure of execution punishment in the form of deprivation of military, special title, rank, status or qualification degree, in the form of deprivation of right to hold some posts or carry out certain activity, sets responsibilities of criminal executive inspection as regards to execution of punishments in the form of deprivation of right to hold some posts or carry out certain activity, duties of the condemned to punishment in the form of prohibition to deprivation of right to hold some posts or carry out certain activity. In case the condemned person avoids serving punishment in the form of deprivation of right to hold some posts or carry out certain activity s/he shall be brought to criminal responsibility pursuant to Article 389 of the Criminal Code of Ukraine. This chapter also sets the procedure of execution punishment in the form of social works, conditions of serving such punishment, duties of owner of enterprise, institution, organization or authorized by him body in the place where the condemned person serves punishment in the form of social works. Criminal executive inspection may apply warning in the form of written forewarning about bringing to criminal responsibility for violation of conditions of serving punishment in the form of social works, as well as for violation of public order therein the condemned was brought to administrative responsibility. Pursuant to Article 41, punishment in the form of correctional works shall be applied on enterprise, in institution, organization regardless of ownership form on the working place of the condemned. This part also determines conditions of serving sentence in the form of correctional works, procedure of calculation of the term of punishment, duties of owner of enterprise, institution, organization or authorized by him body in the place where the condemned person serves sentence in the form of correctional works. Article 47 sets the procedure of execution sentence in the form of official limitations for military men and Article 48 - the procedure of execution sentences in the form of confiscation of property.
Property which is owned by the condemned, including his share in common property, statute fund of subjects of entrepreneurial activity, money, securities and other values, including those that are on accounts and deposits or are kept in financial institutions, as well as property transferred by the condemned in principal management shall be subject to confiscation. Private property of the condemned, as well as his share in common property which is necessary for the condemned and the persons dependant thereof shall not be subject to confiscation. The list of such property is determined by the Law of Ukraine.
Article 50 points out that the persons condemned to arrest shall serve sentence, as a rule, in the place of conviction in arrest houses, and military men - on guardhouses. The condemned to punishment in the form of taking into custody shall be kept in isolated conditions with separate holding of men, women, minors and the condemned, who earlier served sentence in the places of imprisonment. The condemned may do unpaid works connected with improvement of conditions of arrest houses and everyday living conditions of the condemned or in additional works for providing arrest houses with food.
The persons condemned to deprivation of liberty pursuant to Article 50 shall serve sentence in correctional centers, as a rule, within administrative territorial unit respectively to their permanent place of residence before conviction. The term of punishment shall be calculated from the day when the condemned was brought to and recorded in the correction center. Social educational work shall be carried out with the persons who serve sentence in the form of imprisonment by the administration of correctional center and the owner of enterprise, institution, organization or authorized by him body, where the condemned work, as well as by public organizations. The condemned who serve sentence in the form of imprisonment may create amateur organizations of the condemned and participate in their work.
Chapter three of the Code is devoted to the questions of execution of punishment in the form of imprisonment. Type of colony where condemned to imprisonment will serve sentence shall be determined by the State Department of Ukraine for Execution of Sentences. Men and women, minors and adults shall be kept separately in colonies. Those who are condemned for the first time shall be held separately from those who served sentence in the form of imprisonment before. Condemned to imprisonment shall serve the whole term of sentence in one correctional or educational colony, as a rule, within administrative territorial unit where s/he permanently resided before conviction.
Regime in correctional and educational colonies is set by law and other normative legal acts procedure of sentence execution and serving, which ensures isolation of the condemned, permanent supervision over them; fulfillment of put on them duties; exercise of their rights and legal interests; safety of the condemned and the personnel; separate keeping of different categories of the condemned; different conditions of keeping of the condemned depending on the type of colony; change of terms of holding of the condemned. In order to stop illegal actions and prevent causing by these persons harm to the surroundings and themselves, physical strength, special devices, strait jacket and weapon shall be used in relation to the imprisoned, if they physically resist to the personnel of colony, maliciously do not perform personnel's legal requirements, show disorderly conduct, participate in mass disturbances, capture of hostages or commit other violent actions, as well as in case of escape from guard.
The condemned shall have the right to acquire food and first-need things for the money earned in colonies by clearing transaction. Condemned men older than 60 years old, women over 55 years old, disabled of groups I and II, pregnant women who have children in child-care establishments at correctional colonies, minors and the condemned who stay in medical preventive establishments of places of imprisonment shall have the above right also for the money obtained by orders, at the expense of pensions and other incomes. The condemned shall have the right to receive in book-posts, packages, parcels, as well as without limitation to acquire literature through book selling network, writing facilities, subscribe newspapers and magazines for money which they have on their personal accounts.
The condemned shall have the right to short meetings - up to four hours long and long meetings - up to three days and nights. Short meetings shall be with relatives or other persons in presence of representative of colony. Long meetings shall be given with the right of joint living and only with close relatives (married couple, parents, children, foster parents, adopted children, own brothers and sisters, grandfather, grandmother, grandchildren). Long meetings may also be provided for the spouse who lived together as one family, but was not married provided that they have common minor children. Services for use of rooms for short and long meetings shall be paid by the condemned, their relatives or other persons from own funds.
Condemned to imprisonment shall work in the places and on works which are determined by the administration of colonies. The condemned shall be engaged in socially useful labor taking into account available production capacities, sex, age, ability to work, health condition and specialty. As a rule the condemned shall be engaged in labor on enterprises, in workshops of colonies, as well as on state or private enterprises, if the required conditions of protection and isolation are provided. For the persons who serve sentence in the form of imprisonment working week shall not exceed the norm of working time which is set by the labor legislation. Time of beginning and end of work (shift) shall be determined by the administration of the colony. The condemned shall be freed from work on week-ends, holidays, days-off, which are determined by labor legislation. The time free from basic labor activity and fulfillment of obligatory measures, envisaged by daily schedule for the condemned in colony, shall be their spare time.
Colonies shall provide for moral, legal, labor, aesthetic, physical, sanitary hygienic education of the condemned, as well as other types of education that help to establish with the condemned such viewpoint which corresponds to legal norms and requirements of socially useful activity. Freedom to profess any religion or express beliefs related to attitude towards religion shall be limited only in the part that is necessary for ensuring isolation and public security. The limitations are established by this Code.
Chapter four of the Code is devoted to execution of sentence in the form of life-long imprisonment. Condemned to life-long imprisonment shall serve sentence in correctional colonies of maximum safety level. The condemned who serve sentence in the form of life-long imprisonment shall be placed in camera-type rooms, as a rule, for two persons and wear clothes of set pattern. On application of the condemned and in other necessary cases in order to protect the condemned from possible encroachments on his/her life from the part of other condemned, prevent commitment crime by him/her or if there is respective medical conclusion on the basis of resolution of the head of colony s/he may be kept in solitary cell.
Chapter five of the Code determines the procedure of discharge from serving sentence and aid to the persons who are freed from serving sentence, control and supervision over them. Grounds for discharge from serving sentence shall be serving the term of sentence appointed by court, the law of Ukraine on amnesty, pardon act, cancellation of court decision and closing of criminal case, end of prescription term for execution of sentence, grant of parole from serving sentence, disease, other grounds stipulated by law. Persons who have served the sentence shall bear responsibilities and enjoy rights which are established for the Ukrainian citizens with limitations envisaged for the persons who have previous convictions. Such limitations shall be stipulated only by law.
Not later than three months prior to the end of term of sentence the administration of establishment for sentence execution through territorial departments of domestic affairs and employment centers of population shall take measures in order to ensure labor and everyday settlement of the condemned in chosen by him/her place of residence. Courses preparing the condemned to discharge shall be organized in establishments for sentences execution. The persons who are freed from serving sentence shall be ensured free of charge trip to the place of residence or work within Ukraine.
Administrative supervision shall be set as regards to the persons indicated in Article 3 of the Law of Ukraine “On Administrative Supervision over the Persons who Are Freed from the Places of Imprisonment”. Supervision shall be set on the basis of resolution of judge in the procedure stipulated by Article 5 of the above Law.
While serving the unserved part of sentence the condemned who are freed by grant of parole shall be under control of public organizations and labor collectives. With the purpose of strengthening results of correction and re-socialization educational work shall be carried out with such persons. Meeting of labor collective or public organization may apply influence measure in the form of public warning to those who are freed by grant of parole, if they try to avoid public control. In case public order is systematically violated by the person who was sentenced to imprisonment for serious or especially serious crime or was condemned two times to imprisonment for deliberate crimes and was freed by grant of parole, labor collective or public organization may submit petition to the body of domestic affairs in order to establish administrative supervision over such person.
Control over behavior of the persons who are freed from serving sentence with probation during probationary period shall be conducted by criminal executive inspection in the place of residence of the condemned and as regards to military men - by commanders of military units. Criminal executive inspection shall:
- keep personal record of the condemned during probationary period;
- jointly with bodies of domestic affairs and respective public formations carry out individual preventive work with the condemned and control how they observe public order and execute duties put on them by court;
- submit petitions of body of domestic affairs as regards to bringing the condemned, who did not come on call, to criminal executive inspection;
- organize initial search of the condemned whose location is unknown and send materials to bodies of domestic affairs for announcement of search of such condemned.
Probationary period shall be calculated from the moment when court announces sentence.