Once More Regarding Parcels and Deliveries for Convicts

In accordance with the Law of Ukraine “On the Constitutional Court”, it adopts decisions and provides opinions regarding the constitutionality of laws and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.
In accordance with Article 61 of this law, on 22 May of this year, the Constitutional Court of Ukraine declared points 36–100 of Section 2 “On Amending Certain Legislative Acts of Ukraine” to be unconstitutional—that is, inconsistent with the Constitution of Ukraine. Specifically, points 70 and 71 of the Law “On the State Budget of Ukraine for 2008” were declared unconstitutional regarding the wording of Article 112 of the Criminal Executive Code of Ukraine in the part concerning the unlimited right of convicts to receive parcels, deliveries, and small packages.
From the date of publication of the Constitutional Court’s decision of 22 May 2008, convicts in minimum-security correctional colonies have the right to receive 7 parcels (deliveries) and 4 small packages per year; in medium-security facilities — 6 parcels (deliveries) and 4 small packages; in maximum-security facilities — 5 parcels (deliveries) and 2 small packages; for life-sentenced prisoners — 2 parcels (deliveries) and 2 small packages; while detainees may receive parcels and deliveries in accordance with paragraph 5 of Part 1 of Article 9 of the Law of Ukraine “On Preliminary Detention”.
On 28 May 2008, by Cabinet of Ministers of Ukraine Resolution No. 530, item 13 established that the number of parcels (deliveries) and small packages received by convicts serving sentences in correctional and educational colonies in accordance with Articles 112, 138, 139, 140, 143, and 151 of the Criminal Executive Code of Ukraine (1129-15) is not limited; the number of parcels (deliveries) and money transfers received by persons held in custody in accordance with Article 9 of the Law of Ukraine “On Preliminary Detention” (3352-12) is not limited.
As of today, both the Criminal Executive Code of Ukraine and a Resolution of the Cabinet of Ministers of Ukraine exist; they simultaneously, yet differently, regulate the right of convicts to receive parcels (deliveries) and small packages.
The Criminal Executive Code has higher legal force, and accordingly, the requirements of Articles 112, 138, 139, 140, 143, and 151 must be unconditionally fulfilled. Resolutions of the Cabinet of Ministers must comply with the Laws of Ukraine—this is known even to first-year law students.
I believe that the danger of such a phenomenon lies in the fact that with the simultaneous existence of different legal norms regulating the same legal relations (the right of convicts to receive parcels (deliveries) and small packages), an employee is granted the right to choose for application those provisions—either the Criminal Executive Code or the Cabinet of Ministers Resolution—which, in their opinion, are most acceptable to them. This will inevitably lead to the violation of the rights and legitimate interests of convicts, and a phenomenon of legal nihilism, as a form of social consciousness, will be formed among employees. Respect for the law and legislation disappears.