First commentary on the Decree of the President of Ukraine regarding the Concept

The issuance of the Presidential Decree ‘On the Concept of Reforming the State Penitentiary Service of Ukraine’ is marked by a number of characteristic features dangerous to society, which are inherent in the management style of the modern penitentiary system.
Firstly, despite the necessity of introducing ‘effective mechanisms for public oversight’ declared in the Concept, the Concept itself was prepared and submitted to the President for approval not only without the proper public discussion required by legislation, but even without any real professional discussion and review by the National Commission for Strengthening Democracy and the Rule of Law. In other words, the document contains the ‘right words’, yet the actual actions taken during its preparation entirely contradict these declarations.
This observation also applies to the principles of ‘accountability, transparency, and predictability’ declared in the Concept. Instead, the hasty adoption of this Concept, despite numerous warnings from experts regarding its significant flaws and imperfections, is a very specific example of ‘transparency’.
Another highly important point in the Concept is the complete absence of any mention regarding the future subordination of the system. The Council of Europe reminds us annually of the need to complete the transfer of the system to the Ministry of Justice, yet the agency's leadership continues to fiercely resist the country's fulfillment of its international obligations. For strange reasons, the President, in signing the Decree approving such a strategic and important document, somehow ‘failed to notice’ such a serious flaw in the Concept. Thus, even for the respected guarantor of the Constitution, words about a European choice sometimes do not coincide with practical actions to ensure the realization of such a choice.
‘Prison Portal’ plans to post expert opinions on the content of the Concept in the near future, but the very procedure of its preparation—kept secret from the public—and its adoption without proper professional discussion raises highly alarming forebodings regarding the actual implementation of the provisions of this document.