Serving a sentence in the form of deprivation of liberty by convicted women and minors

Regulatory framework

• Constitution of Ukraine
• Criminal Code of Ukraine (CC of Ukraine)
• Criminal and Executive Code of Ukraine (CPC of Ukraine)
• Rules of the internal procedure of penal institutions, approved by order of the Ministry of Justice of Ukraine dated August 28, 2018 No. 2823/5

Peculiarities of serving a sentence by minors

Application to juvenile punishment in the form of deprivation of liberty

Imprisonment for persons who have not reached eighteen years of age before committing a crime may be imposed for a period of from six months to ten years (Article 102 of the Criminal Code of Ukraine). For a particularly serious crime, combined with the intentional deprivation of a person’s life, a penalty of imprisonment for a term of up to fifteen years may be imposed.

Juveniles sentenced to imprisonment serve their sentences in special educational institutions.

The punishment in the form of deprivation of liberty is imposed on a minor:

1. for a minor crime – for a term of no more than four years;
2. for a serious crime – for a term of no more than seven years;
3. for a particularly serious crime – for a term of no more than ten years;
4. for a particularly serious crime, combined with the intentional deprivation of a person’s life, for a term of up to fifteen years.

When sentencing a minor for a combination of criminal offenses or sentences, the final punishment in the form of deprivation of liberty also cannot exceed fifteen years.

Service of punishment by minors

As a rule, juvenile convicts between the ages of 14 and 18 serve their sentences in one educational institution, which is close to the convict’s place of residence, which is of particular importance for maintaining socially useful ties and helps social adaptation after release.

Convicts who have reached the age of eighteen are transferred from the educational colony for further serving of their sentence to a minimum-security correctional colony with general conditions of detention. The question of the transfer of a convict who has reached the age of eighteen from an educational colony to a correctional colony is decided by the central body of executive power, which implements state policy in the field of execution of criminal punishments (State Criminal Enforcement Service of Ukraine) according to the decision of the pedagogical council and the submission of the head of the educational colony, agreed with the service for children (Article 147 of the Civil Code of Ukraine).

For the purpose of consolidating the results of correction, completion of general education or vocational training, convicts who have reached the age of 18 may be left in an educational colony until the end of their sentence, but not longer than until they reach the age of 22 ( (Article 148 of the Civil Code of Ukraine) .

Convicts who have reached the age of 18 are kept in an educational colony by decision
of the Pedagogical Council by resolution of the head of the colony agreed with the Children’s Affairs Service. Such convicts are subject to the conditions of serving the sentence, the standards of food and material support established for juvenile convicts. The working conditions of persons who have reached the age of 18 are established in accordance with the labor legislation.

Rights and obligations of convicted minors

Convicted minors enjoy all the rights and obligations provided for by criminal law. In particular, convicts in educational colonies have the right to:

• spend the money earned in the correctional colony, received through transfers, at the expense of pensions and other income, for the purchase of food, clothes, shoes, underwear and basic necessities, without limiting their amount;

• receive unlimited short-term dates and one long-term date every month;

• get free secondary education (article 143 of the Civil Code of Ukraine).

With conscientious behavior and attitude to work and education after serving at least 1/4 of the sentence convicts have the right to improve the conditions of detention and may be allowed to receive a short-term visit outside the educational colony once every three months.

The convicted person is guaranteed the right to legal assistance, confidential legal consultations (meetings) with a defense attorney (defendants) in criminal proceedings, a lawyer (lawyers), a legal representative (legal representatives), who (who) represent (represent) a person during the consideration of administrative offense cases , administrative, civil, economic cases in court, by a lawyer (lawyers), a specialist (specialists) in the field of law, who (who) represent (represent) a person in the European Court of Human Rights, and also, if the convicted person is a minor, – with his by (their) legal representative (legal representatives). To meet with these persons, without limitation in time and number on working days, weekends, holidays, non-working days at any time from 8:00 a.m. to 8:00 p.m. convicts, their relatives and/or persons specified in the article (Article 143 of the CPC of Ukraine).

CPC of Ukraine establishes separate measures of encouragement and penalties applied to minors, namely:

♦ for conscientious behavior and attitude to work and study, active participation in the work of amateur organizations and educational activities, the following encouragement measures may be applied to convicted minors:

— granting the right to attend cultural, entertainment and sports events outside the educational colony accompanied by the colony’s employees (but no later than twenty o’clock);

— granting the right to leave the educational colony accompanied by parents or other close relatives. The duration of going outside the colony is set by the head of the colony, but cannot exceed 8 hours (Article 144 of the Civil Code of Ukraine);

♦ for violation of the established order and terms of serving the sentence, the following sanctions may be applied to convicted minors:

— warning;

— reprimand;

– severe reprimand;

– cancellation of the improved detention conditions provided for by Article 143 Central Committee of Ukraine;

— placement in a disciplinary isolation cell for up to 5 days with or without removal to study or work (Article 145 of the CPC of Ukraine).

In correctional colonies, a single educational process is organized, which combines general education and professional training with the involvement of a juvenile convict in work, with the aim of his correction and preparation for an independent life in freedom. For the successful implementation of complex and multifaceted tasks of the educational colony, teachers and psychologists are involved in the organization of the educational process, who conduct special measures (programs) for the correction of minors, their social adaptation, taking into account physiological features,
personal qualities, interests, attitudes, etc.

In order to provide assistance to the administration of the educational colony in organizing the educational process and strengthening the material and technical base of the colony, solving issues of social protection of convicts, labor and household placement of persons who are released, a supervisory board of representatives of state authorities and local self-government bodies is created at educational colonies , public organizations (Article 149</a > KVK of Ukraine), the organization and activities of which are determined by provision approved by the Cabinet of Ministers of Ukraine.

Also, in order to increase the effectiveness of the educational influence on convicts and to provide assistance to the administration of the educational colony, social and psychological service departments may create parent committees. The activities of the parents’ committee are determined by the regulations approved by the head of the educational colony.

The participation of the public in the work of educational colonies is aimed at neutralizing the negative socio-psychological factors of serving a sentence in the form of imprisonment for a certain period, maintaining and consolidating socially useful ties, and preventing relapse both during the period of serving the sentence and after release.

Peculiarities of serving sentences by convicted women

The procedure for serving a sentence for convicted pregnant women

Article 141 of the Criminal Executive the Code of Ukraine provides for the procedure for serving sentences for convicted pregnant women, nursing mothers and women with children under the age of three. In particular, at correctional colonies where women sentenced to imprisonment serve their sentences, children’s homes are organized, if necessary. Convicted women have the right to place their children under the age of three in foster homes. The children’s home at the correctional colony is a children’s institution. In children’s homes, children are under the care of the administration of a children’s institution on full state support, they are provided with the conditions necessary for normal life and development. If a convicted woman has not expressed a desire to live in a child’s home together with her child, she must be given the opportunity to freely communicate with her without restrictions. Convicted women can live with their children under the age of three in a children’s home, for this the administration of the correctional colony creates the necessary conditions for living and monitoring the behavior of women in the children’s home.

Nursing mothers and pregnant women can receive food parcels (handovers) in the quantity and range determined by a medical opinion.

Convicted women who are pregnant for more than 4 months or who have children under the age of 3 with them in cases where they are not exempted from serving a sentence in accordance with Articles 83 of the Criminal Code of Ukraine are sent by the administration of the correctional colony for further serving of the sentence to the correctional colony, which has a children’s home.

Children of convicted women, with the mother’s consent, may be transferred to her relatives or, with the mother’s consent and upon the decision of guardianship authorities, to other persons, or after reaching the age of 3, they are sent to appropriate children’s institutions. Controversial issues between the mother and the father regarding the child’s place of residence are resolved by the guardianship authority or the court. If the mother of a child who has reached the age of 3 years, the unserved part of the sentence does not exceed 1 year and she faithfully fulfills her maternal duties, the stay of the child in the children’s home can be extended by the administration of the correctional colony until the release of the mother. Only in the case of a malicious violation by the mother of the requirements of the punishment regime, the decision to extend the child’s stay in the children’s home can be canceled.

Residence of convicted women outside the penal colony

Article 142 of the Criminal Executive the Code of Ukraine provides that convicted women who are conscientious about work and comply with the requirements of the regime may be allowed to live outside the prison by the resolution of the head of the correctional colony, in agreement with the monitoring commission, during the time of release from work in connection with pregnancy and childbirth, and also until the child reaches 3 years of age.

Convicted women who are allowed to live outside the penal colony:

• settled near the correctional colony and are under the supervision of the colony administration;

• can wear clothes accepted in civilian use, carry money, mobile phones, their accessories and valuables;

• can correspond without restrictions, receive money transfers, parcels (transfers) and parcels, spend money, have meetings with relatives and other persons, use mobile communication at their own expense;

• use the right of free movement on the territory, the boundaries of which are determined by the head of the correctional colony;

• in case of childbirth, illness of convicts or their children, they can be placed in local health care institutions;

• after the end of the period of leave from work in connection with pregnancy and childbirth, they perform work on the instructions of the administration of the correctional colony, they are credited with earnings on a common basis with other convicts who are serving their sentences in a correctional colony of this type.

Women are provided with food, clothing, and communal services according to the norms established for convicts serving their sentences in a correctional colony. In the event of a systematic or malicious violation of the established rules of conduct, the right to live outside the colony is revoked by the decision of the head of the correctional colony, agreed with the monitoring commission, and the convicted women are returned to the colony to serve their sentence further.

Women sentenced to life imprisonment serve their sentences in medium-security sectors of minimum-security correctional colonies with general conditions of detention and medium-security correctional colonies, and the regime provided for keeping convicts in a medium-security correctional colony is established.

In correctional colonies of the medium security level, convicts have the right to spend for a month the money earned in the correctional colony, received through transfers, at the expense of pensions and other income, for the purchase of food, clothes, shoes and basic necessities, without limiting their amount.

Convicts in the high-security facility are granted one short-term visit per month and one long-term visit for three months.

Convicts who are in the resocialization department are granted one short-term visit per month and one long-term visit for two months.

Convicts in the social rehabilitation unit are granted short-term visits without restrictions and long-term visits every month.

With conscientious behavior and attitude to work, after serving at least half of the sentence, convicts held in the resocialization section of the correctional colony have the right to improve the conditions of detention (Articles 139, 151-2 Criminal Executive Code of Ukraine).