Genesis of the legal status of convicts during the time of independent Ukraine

The article is devoted to the study of the genesis of the legal status of convicts during the time of Ukraine’s independence. The authors indicate that the relations between the state and those sentenced to imprisonment for a certain term and life imprisonment, as well as between the convicts in their environment and with other persons in the state-organized society, must be established by the state in a legal form - in the form of rights , freedoms and obligations. It is the observance of the rights of convicts that is given considerable attention by international organizations, as evidenced by the decisions of the European Court of Human Rights regarding non-observance of certain elements of the legal status of convicts in Ukraine. The authors believe that the question of analysis of changes in the legal status of convicts during the time of independent Ukraine is relevant. The authors indicate that in the science of criminal enforcement law, the legal status of convicts consists of three components, namely subjective rights, obligations and legal interests. Within the scope of their article, the authors consider only two components, these are subjective rights and duties. As the subjective rights of those convicted of various types of criminal punishments in the science of criminal law, the authors see the possibility, provided for by law and directly guaranteed at the state level, of certain behavior of the convicted person or his use of certain benefits, the implementation of which is entrusted to the officials of institutions for the execution of punishments and is fixed by their obligations and those of other subjects of legal relations arising in the process of execution and serving of criminal punishments. As the duties of the convicted person, the authors consider the rights established in the mandatory and prohibitive norms: the measure of the necessary behavior of the convicted person while serving the sentence, which ensures the achievement of the goals of the punishment, maintenance of law and order during its serving, observance of the rights and legitimate interests of the convicted person himself , as well as other persons. Having conducted an analysis of the Correctional Labor and Criminal Enforcement Legislation, the authors came to the conclusion that the given analysis of only two components can be asserted that during the 30 years of Ukraine’s independence, the national legislation paid attention only to its liberalization, paying attention in the vast majority to the rights of convicts without changing the approaches that reforming the system of their duties.