On the work of the Chernihiv City Oversight Commission in 2008

The chairman of the oversight commission informed the public of the commission's activities in 2008 and submitted the appropriate report to the executive committee of Chernihiv City Council.
In his report, the chairman of the oversight commission S.G. Vikhrov noted that the oversight commission under the executive committee of Chernihiv City Council was established by an executive committee resolution of 16 July 2007, No. 174 'On the establishment and approval of the oversight commission's composition'. Changes to the commission's composition were made on the basis of an executive committee resolution of 15 December 2008, No. 340 'On amendments to the resolution of the executive committee of Chernihiv City Council of 16 July 2007, No. 174'.
The commission comprises 16 members, of which five are representatives of public organisations of the city and eleven are representatives of local government bodies and executive authorities, and deputies.
In its activities, the oversight commission was guided by the Constitution of Ukraine, the Criminal and Penitentiary Code of Ukraine, the Law of Ukraine 'On Local Self-Government' and other legislative acts.
The organisational form of the oversight commission's work involved meetings held once a month. Decisions on the meeting agenda were made collectively by open voting. During the oversight commission's work from January through December 2008, 11 meetings were held, including 8 meetings at the Chernihiv Correctional Colony No. 44. At the commission's meetings, 162 cases were examined concerning conditional early release of convicted persons from further serving their sentences (Article 81 of the Criminal Code of Ukraine) or replacement of the unserved portion of the sentence with a milder one (Article 82), transfer to a social rehabilitation unit and release of pregnant women and women with children under three years of age (Article 83), namely:
Pursuant to Article 81 of the Criminal Code of Ukraine – 107 cases; pursuant to Article 82 – 36 cases; pursuant to Article 83 – 5 cases.
148 cases were approved by commission members, 14 cases were rejected.
All oversight commission meetings were formally documented. Repeated inspections by prosecutors at various levels confirmed the legality of decisions made by commission members.
It should be noted that during the oversight commission's activities there were no instances of disagreement by local courts in Chernihiv with the approved submissions.
The work of the oversight commission was carried out in accordance with the annual work plan. The oversight commission's work plan for 2008 was completed in full.
The oversight commission meetings examined the following issues:
1. On the state and organisation of the implementation of the form of punishment 'Community service' in Chernihiv.
2. On the state of organisation and implementation of social-educational and psychological work, the involvement of convicted persons in socially useful labour in Chernihiv Correctional Colony No. 44.
3. On the state of organisation and implementation of identification among convicted persons in Chernihiv Correctional Colony No. 44.
4. On the state of material and domestic and medical and sanitary provision for persons held in Chernihiv Detention Centre (in accordance with Article 89 of the Criminal and Penitentiary Code).
On the first issue, on the recommendation of the oversight commission, the city council's executive committee adopted a resolution of 15.12.2008, No. 339 'On approval of the List of types of work and sites in Chernihiv where persons sentenced to community service may serve their sentences'.
During the reporting period, with the assistance of commission members, two round table discussions were held:
– in September on the topic 'Ensuring social and legal protection of penitentiary system staff – a guarantee of upholding the rights of convicted persons'.
The resolution of the round table was sent to the Supreme Council of Ukraine (Committee on Legislative Support of Law Enforcement Activities), the State Department of Ukraine on Execution of Sentences, the Ministry of Justice of Ukraine.
– in December on the topic 'Cooperation of the Chernihiv City Criminal and Penitentiary Inspection Department with local government bodies, public and charitable organisations regarding the organisation of educational and preventive work with persons conditionally released early from places of deprivation of liberty. Formation of public opinion on the effectiveness of punishments not involving deprivation of liberty'.
Much was accomplished by all commission members regarding the organisation and implementation of cultural and educational work in the city's correctional institutions and the creation of appropriate conditions for holding convicted persons:
– activities on Children's Protection Day, St Nicholas's feast, Constitution Day of Ukraine, and the beginning and end of the academic year.
With the assistance of commission members, a concert of amateur talent was held in Chernihiv Correctional Colony No. 44 for International Women's Day on 8 March, and a summer sports competition for convicted persons.
Members of the oversight commission held personal interviews with convicted persons, considered their appeals, made decisions, and provided legal advice. With the assistance of oversight commission members, a legal aid office and a school of legal knowledge operate continuously in Chernihiv Correctional Colony No. 44. The issues raised by convicted persons were highly diverse, including requests for assistance in finding relatives, arranging citizenship, inheritance, power of attorney, and help in drafting complaints and lawsuits to courts. During the reporting period, commission members sent more than 50 letters to various authorities; 44 convicted persons were received at personal interviews, of which 11 were minors registered with Chernihiv Criminal and Penitentiary Inspection Department.
A public reception office was established at Chernihiv Correctional Colony No. 44 with the assistance of oversight commission members. It operates once a week. Commission members, members of the Chernihiv Regional Public Organisation 'Human Rights Defender', lawyers and psychologists of Chernihiv Law College of the State Department of Execution of Sentences, and specialists of the Chernihiv City Centre for Social Services for Families, Children and Youth and the Department for Family and Youth Affairs of the City Council participate in its work.
Members of the city oversight commission had unrestricted access to visit residential, communal and production facilities of penitentiary institutions in the city.
The oversight commission also addresses the social adaptation of persons who have served sentences involving deprivation of liberty. They are continuously provided with various services: information, socio-economic, socio-pedagogical and psychological.
During the reporting period, there were no instances of commission meetings being disrupted.
One of the main directions of the city oversight commission's activities in 2009 will be the development of proposals for improving the legislative framework governing the oversight commission's work.