Criminal and executive system of Ukraine: challenges of martial law


  • Yuliya Kerniakevych-Tanasiychuk


criminal-executive system, penitentiary system, martial law, problems of the system of execution of punishments, detention of prisoners of war.


The scientific article examines the challenges of martial law that faced the criminal-executive system of Ukraine. Particular attention is focused on problems in the field of execution of punishments caused by martial law in Ukraine. It was emphasized that in the conditions of martial law in Ukraine, the issue of the «security potential» of the criminal-executive system, both in relation to convicts, the personnel of bodies and institutions for the execution of punishments, as well as society, and moreover, the state, has become more acute. New challenges appeared before the criminal-executive system, which simultaneously deepened the existing ones and created new problems in the process of execution and serving of punishments, as well as caused new tasks and functions to be assigned to bodies and institutions for the execution of punishments.
It has been established that the problems of the criminal-executive system of Ukraine under martial law are expediently classified into those observed in penal institutions on the territory of Ukraine in those regions of Ukraine that are relatively safe, and problems in penal institutions in temporarily occupied territories and those territories, which are in the war zone.
Among the challenges faced by the criminal-executive system in the conditions of martial law in Ukraine are: the need to improve the procedure for the effective and operational evacuation of convicted persons from penal institutions located in areas close to areas where hostilities are taking place, to penal institutions with an appropriate mode of maintenance, which are located in a safe area; arming and involvement in the defense of Ukraine of paramilitary formations of the State Criminal Executive Service of Ukraine; release through amnesty of convicts, primarily ex-servicemen, who expressed a desire to defend the Motherland in the ranks of the Armed Forces.
Most of the attention is focused on the implementation of a function that is not typical for the criminal-executive service of Ukraine - keeping prisoners of war. It was established that 51 precincts and 2 camps were established in the institutions of the State Criminal Executive Service of Ukraine to hold prisoners of war, which are located in almost every region of Ukraine. It was concluded that the special importance assigned to the task of the criminal-executive system regarding the detention of prisoners of war, the appropriateness and compliance with international standards of its implementation is an important indicator of the civilization of the state, which is Ukraine.