Can prisoners really receive parcels without hindrance?
First, I would like to comment on the situation regarding the Constitutional Court’s decision. Yes, the Criminal Executive Code sets a limited number of parcels and deliveries. And this is set by law, which is important. Yes, in recent times, the effect of these restrictive norms has been suspended every year by the Budget Law. Please note – by that very same law. And the restrictions on the number of parcels were lifted, but only for a year. This year, the Constitutional Court declared the provisions of the “Law on the Budget of Ukraine” unconstitutional, thereby restoring the validity of the restrictive norms of the Criminal Executive Code.
But on 28 May, the Cabinet of Ministers adopted a Resolution and lifted these restrictions. Personally, I find it highly questionable when a Cabinet of Ministers Resolution changes a provision of a law. Only another law can do that. And I would not be in a hurry to conclude that there are no longer any restrictions on the number of parcels.
Regarding the prohibition on receiving parcels while in a camera-type cell (PTK), as mentioned by Mrs Olha Kushneryk, such a restriction is provided for by Law, specifically clause 11 of Article 134 of the Criminal Executive Code. Perhaps this is bad, but that is the Law. And the comment from the Department official cited in the article is, in general, correct, but it would have been better for him to refer to the Law rather than the Internal Regulations. Because there are certain restrictions that are regulated by these Regulations but are not present in the Law. I would consider such restrictions illegal. And if the restriction on parcels for those in a camera-type cell were determined only by the Regulations and not by the Law, then such a restriction could be challenged in court. But it is also in the Law.