Issues of Social Protection for Penal System Personnel

In accordance with Opinion No. 190 (1995) of the Parliamentary Assembly of the Council of Europe regarding Ukraine’s application for membership, the Ukrainian state was required to transfer responsibility for the management of the penitentiary system and the execution of court decisions to the Ministry of Justice by the end of 1998.
Upon joining the Council of Europe on 9 November 1995, Ukraine undertook to comply with the general obligations under the Statute of the Council of Europe and agreed to fulfil, within the specified timeframes, a number of special obligations listed in Opinion No. 190 of the Parliamentary Assembly of the Council of Europe, including the demilitarisation of the penal system and its transfer to the jurisdiction of the Ministry of Justice.
In fulfilment of its obligations arising from membership in the Council of Europe and the desire to improve the management of the penal system, create conditions for its reform, and subsequently remove it from the composition of the Ministry of Internal Affairs of Ukraine, the President of Ukraine issued Decree No. 344/98 on 22 April 1998. According to this, the State Department of Ukraine for the Execution of Sentences was created on the basis of the liquidated Main Directorate for the Execution of Sentences of the Ministry of Internal Affairs of Ukraine. With this Decree, the President instructed the Cabinet of Ministers of Ukraine to develop and submit proposals for the reform of the penal system within three months. From the content of paragraph 3 of the Presidential Decree, it was evident that by 1 July 1998, drafts of fundamental laws regulating the activities of bodies and institutions for the execution of sentences were to be developed and submitted for consideration to the Verkhovna Rada of Ukraine, primarily the drafts of the Penal Executive Code, and the Laws of Ukraine “On the Penal Service”, “On the Disciplinary Statute of the Penal Service”, “On the Status of Veterans of the Penal Service and Their Social Protection”, and others.
The Cabinet of Ministers of Ukraine was required to develop and approve Regulations “On the Procedure for Service by Rank-and-File and Commanding Staff of the Penal Service”, “On the Procedure and Conditions for the Payment of One-Time Financial Assistance in Case of Death or Disability of an Employee”, and other regulatory documents governing the activities of bodies and institutions of the penal system.
On 12 March 1999, by Presidential Decree No. 248/99, with the aim of further reforming the penal system, the State Department of Ukraine for the Execution of Sentences was removed from the temporary subordination of the Ministry of Internal Affairs of Ukraine.
The creation of an autonomous agency, as a transitional stage in fulfilling the obligations assumed by Ukraine in 1995 upon joining the Council of Europe regarding the subordination of the penal service to the Ministry of Justice of Ukraine, has not yet reached its logical conclusion.
While in 1998–1990, the existence of the State Department of Ukraine for the Execution of Sentences as an independent body might have been justified by the need for gradual preparation for a new subordination, over time, statements began to appear—from the head of the Verkhovna Rada Committee on Legislative Support for Law Enforcement to the Human Rights Commissioner of the Verkhovna Rada and the leadership of the State Department of Ukraine for the Execution of Sentences—claiming that the very fact of removing the penal service from the structure of the Ministry of Internal Affairs fulfilled Ukraine’s obligations to the Council of Europe. This does not correspond to the real state of affairs. Evidence of this is paragraph 8 of the Parliamentary Assembly of the Council of Europe Resolution No. 1346(2003), which explicitly states that “The Assembly calls on the Ukrainian authorities to complete the transfer of the entire penitentiary system to the jurisdiction of the Ministry of Justice.” In paragraph 13.7 of PACE Resolution No. 1466 (2005) regarding the fulfilment of obligations and commitments by Ukraine, the need to “complete the transfer of the State Department of Ukraine for the Execution of Sentences to the jurisdiction of the Ministry of Justice, as provided for in Opinion No. 190” is noted. Even the President of Ukraine, in his Decree No. 39/2006 of 20 January 2006 “On the Action Plan for the Fulfilment of Obligations and Commitments of Ukraine Arising from Its Membership in the Council of Europe”, noted in one of the plan’s items the necessity to implement measures to resolve issues of the subordination of the State Department of Ukraine for the Execution of Sentences by 1 April 2006.
By the Resolution of the Cabinet of Ministers of Ukraine dated 17 May 2006 No. 683 “On Amendments to the List of Central Executive Bodies Whose Activities Are Directed and Coordinated by the Cabinet of Ministers of Ukraine Through Relevant Ministers”, it was determined that the activities of the State Department of Ukraine for the Execution of Sentences are directed and coordinated through the Minister of Justice. From the content of the Resolution, it is difficult to understand what is meant by “coordination of activities”, because in accordance with the Law of Ukraine “On the State Penal Service”, which defines the status of the Department as a central executive body for the execution of sentences, in my opinion, there are no relations of subordination between it and the Ministry of Justice; these bodies are equal in their subordination.
At the beginning of 2007, a draft law was prepared that provided for the subordination of the Department to the Ministry of Justice, but complex political events and the dissolution of parliament made it impossible to consider this document and adopt an appropriate decision. Throughout 2007, the transfer of the penal service to the jurisdiction of the Ministry of Justice was inconsistent and contradictory. On 11 July 2007, the Cabinet of Ministers of Ukraine adopted Resolution No. 916, which approved a new Regulation on the Department, but the President of Ukraine suspended the operation of this Resolution by his Decree No. 667/2007.
The State Department of Ukraine for the Execution of Sentences still remains a central executive body with a special status, which directly implements a unified state policy in the field of criminal penalties. It independently manages the state property assigned to it, is the chief manager of State Budget funds allocated for the maintenance of the penal service, approves the list of positions for rank-and-file and commanding staff (except for higher ranks) and the special ranks corresponding to these positions for penal service employees, discharges rank-and-file and commanding staff and penal service employees from service (work), and confers primary and subsequent special ranks.
The change in the legal status of the State Department of Ukraine for the Execution of Sentences has led to a change in the legal regulation of the procedure for service and the social and legal status of employees. It has acquired a different organisational and legal level.
Among a number of highly necessary laws and legal acts, the Regulation “On the State Department of Ukraine for the Execution of Sentences”, which defined its main tasks, powers, rights, and duties, was approved by the Decree of the President of Ukraine in 1998; on 11 July 2003, a new Penal Executive Code was adopted, which entered into force on 1 January 2004; and on 23 June 2005, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On the State Penal Service”.
The personnel of the Ukrainian penal system numbers about 50,000 people, of whom nearly 40,000 are rank-and-file and commanding staff.
They are obliged, through their conduct and the performance of their duties, to positively influence convicts and inspire respect. All activities of the staff must be aimed at returning prisoners to society after serving their sentences as law-abiding citizens. That is why the administration must constantly instil in its employees and the public the idea that they are performing work of great social significance.
Every institution requires a high-calibre staff, as Rule 46 (1) of the “Standard Minimum Rules for the Treatment of Prisoners” states: “the good work of prison institutions depends on the integrity, humanity, competence and personal suitability of these officials”. This is because the staff deals with prisoners daily, takes care of their needs, is responsible for the proper functioning of the colony, for the safety of the convicts, and identifies and resolves their needs and problems. A correctional colony is a society in miniature. Both convicts and employees are in a state of constant interdependence, which cannot in any way be considered an equality of partner relations, since there is an inequality of legal status. Convicts have almost no voice; they are dependent on other convicts and, to an even greater extent, on the colony staff, because problems of nutrition, medical care, labour, and all other aspects of prison life depend precisely on the personnel.
In accordance with Article 14 of the Law of Ukraine “On the State Penal Service”, its personnel includes: rank-and-file and commanding staff; specialists who do not hold special ranks; and other employees working under labour contracts.
From the content of Part 2 of Article 14 of the Law of Ukraine “On the State Penal Service”, it is evident that for rank-and-file and commanding staff, service in the state penal system is a public service of a special nature, for which citizens of Ukraine who are capable, by virtue of their health, age, and professional training, to ensure public safety through the realisation of the purpose of punishment—not only as retribution but also as the achievement of the correction and re-socialisation of convicts—are enlisted.
The activities of a portion of the personnel, including specialists who have the status of public servants, are regulated at the legislative level, and they are covered by the Law of Ukraine “On Public Service”. The norms of this law regulate the rights of Ukrainian citizens to public service, define the legal status of this category of specialists, and endow them with appropriate official powers. In accordance with Article 3 of the Law of Ukraine “On Public Service”, it is based on the principles of service to the people of Ukraine, democracy, legality, humanism, social justice, the priority of human and civil rights, etc.
The law defines the ethical aspects of the activities of public servants.
Article 9 of this Law clearly defines the legal status of a public servant, its specific features, basic rights and duties, as well as their limitations related to being accepted into public service.
Article 14 of the aforementioned Law provides for the specific features of the disciplinary liability of public servants. It also establishes disciplinary measures, such as a warning about incomplete official compliance and a delay of up to one year in appointment to a higher position.
The law provides for competitive entry into public service for positions of 3rd–7th categories of employees. They are subject to certain restrictions related to the performance of service; they do not have the right to commit actions provided for by Articles 1 and 5 of the Law of Ukraine “On Fighting Corruption”, namely: illegally receiving material benefits, services, or gifts in connection with the performance of official duties, engaging in entrepreneurial activity, or refusing to provide information to citizens and legal entities when such provision is required by regulatory acts. They cannot participate in strikes or commit other actions that impede the normal functioning of a correctional colony.
Public servants take an oath.
The duration of their working hours is determined in accordance with labour legislation. To perform urgent and unforeseen work, they may be required to report for duty on weekends, holidays, and non-working days; work performed on these days is compensated in accordance with current legislation. At the legislative level, the recall of a penal service employee who is a public servant from annual leave is provided for, and the grounds for suspension from the performance of official duties and its duration are determined.
Chapter 7 of the Law of Ukraine “On Public Service” defines the conditions of remuneration and provides for the stimulation of conscientious work and exemplary performance of official duties (a monetary reward provided for by Cabinet of Ministers Resolution No. 212 of 24 February 2003 is issued).
Annual leave for a public servant is provided for a duration of 30 days, and those with over 10 years of service are granted additional leave of up to 15 calendar days. The procedure for granting additional paid leave is regulated by Cabinet of Ministers Resolution No. 250 of 27 January 1994. This Resolution provides that public servants with over 10 years of public service are granted additional paid leave for a duration of 5 calendar days, and starting from the 11th year, this leave increases by 2 calendar days for each subsequent year. The duration of additional paid leave cannot exceed 15 calendar days.
A public servant is entitled to a pension upon reaching the retirement age established by legislation, provided they have an insurance record of at least 25 years for men and 20 years for women, including at least 10 years of public service at the time of reaching retirement age while in a public service position. Also, individuals who have accumulated at least 20 years of public service record have the right to a pension regardless of where they were working at the time of reaching retirement age.
The pension for public servants is assigned in the amount of 80% of the sum of their salary, on which insurance contributions for mandatory state pension insurance were calculated. A public servant’s pension cannot exceed 90% of their salary.
Labour relations of penal service employees who work under the terms of a labour contract are regulated by labour legislation.
The Constitution of Ukraine occupies a central place in Ukrainian legislation, and its norms have the highest legal force; therefore, the Labour Code, other laws containing labour law norms, and by-laws remain in force to the extent that they do not contradict the Constitution.
The main legislative act regulating labour and related relations is the Labour Code. Labour and related relations of penal system employees who work on the basis of concluded labour contracts are also regulated by a number of special laws: “On Vacations”, “On Remuneration”, “On Labour Protection”, “On Collective Contracts and Agreements”, etc. The regulatory framework for the labour relations of this category of personnel, in addition to legislative acts, is supplemented by general, sectoral, and regional agreements, collective contracts, and local regulatory acts, including those adopted by colony chiefs in agreement with trade union committees.
And only the procedure for service by rank-and-file and commanding staff of bodies and institutions for the execution of sentences remains, to this day, unregulated by separate laws and other legal acts.
Social relations that arise during the service of rank-and-file and commanding staff are not filled with the content that follows from the tasks of the penal service, the specifics of the rights and duties of officials and officers of bodies and institutions for the execution of sentences.
Despite the fact that Article 18 of the Law of Ukraine “On the State Penal Service” defines the legal status of officials and officers of bodies and institutions for the execution of sentences, and that their rights and duties directly follow from penal legal relations and the tasks assigned to the penal service, the tendency of both the legislator and the central executive body for the execution of sentences to apply to rank-and-file and commanding staff of the penal service a large number of legal acts regulating separate issues of the activities of internal affairs bodies seems incomprehensible.
In accordance with the Law of Ukraine “On the Militia”, the militia is a state-armed executive body that protects the life, health, rights, and freedoms of citizens, property, the natural environment, and the interests of society and the state from unlawful encroachments. The main tasks of the militia are: ensuring the personal safety of citizens, protecting their rights and freedoms and legitimate interests; preventing and suppressing offences; guarding and maintaining public order; detecting and solving crimes, searching for individuals who have committed them; ensuring traffic safety, etc. In accordance with its tasks, the militia is obliged: to ensure the safety of citizens and public order; to detect, prevent, suppress, and solve crimes; to take operational-investigative and preventive measures for this purpose as provided for by current legislation; to carry out pre-trial preparation of materials in a protocol form; to conduct investigations within the limits defined by criminal procedural legislation; to suppress administrative offences and conduct proceedings in cases regarding them, etc.
Based on the duties assigned to internal affairs bodies, they are accordingly granted the right to demand that citizens and officials who violate public order cease such offences; to check the identity documents of citizens upon suspicion of committing an offence; to summon citizens and officials in cases concerning crimes and in connection with materials under their consideration; and in the case of evasion without valid reasons from appearing upon summons, to subject them to forcible escort in the manner prescribed by law, etc.
In accordance with the tasks assigned to internal affairs bodies, the Cabinet of Ministers of Ukraine approved the Regulation on the Procedure for Service by Rank-and-File and Commanding Staff of Internal Affairs Bodies by Resolution No. 114 of 29 July 1991. This document provides for the rights, duties, and responsibilities of militia employees, the procedure for conferring, reducing, and depriving special ranks, establishes the terms of service in special ranks for junior, middle, and senior commanding staff, appointments to positions, transfers and promotions, the procedure for attestation and granting leave, dismissal from service, and the specific features of service by separate categories of commanding staff.
Given that the State Penal Service is tasked with implementing a unified state policy in the field of sentence execution, the Regulation on the Procedure for Service by Rank-and-File and Commanding Staff of the Penal Service should also be developed according to the specifics of this service, similar to the Regulation on the Procedure for Service in Customs Bodies.
In accordance with paragraph 22 of Article 92 of the Constitution of Ukraine, the measures of civil-legal, disciplinary, and criminal liability of citizens of the state, including rank-and-file and commanding staff of the penal service, are determined exclusively by the Laws of Ukraine. Based on the content of this constitutional norm, the need for a Law of Ukraine “On the Disciplinary Statute of the Penal Service of Ukraine” is obvious.
It should define the essence of official discipline, the rights and duties of penal service officials who have been conferred special ranks; the duties of a chief; the types of incentives and disciplinary penalties, the procedure for their application, and the appeal of decisions regarding their application.
Paragraph 5 of Article 23 of the Law of Ukraine “On the State Penal Service” provides that the provisions of Articles 22 and 23 of the Law of Ukraine “On the Militia” regarding the social protection of personnel shall apply to the rank-and-file and commanding staff of the penal service.
We have some doubt regarding the possibility of the practical application of these articles to rank-and-file and commanding staff of the penal service.
Based on the content of Article 22 of the Law of Ukraine “On the Militia”, penal service employees have the right to social protection. They and their family members are provided with a 50% discount on housing and utility services, they enjoy benefits for installing telephones, etc.
In fact, the directions and limits of social protection are declared in Article 22 of the Law of Ukraine “On the Militia”. At the same time, Article 24 of this law states that benefits, compensations, and guarantees established by this law are provided at the expense of and within the limits of funds provided for the maintenance of budgetary institutions, including internal affairs bodies, in budgets or financial plans.
And this means that if expenses for benefits and compensations are not included in the budgets for the maintenance of the regional internal affairs administration, the rank-and-file and commanding staff will not receive them. With insufficient funding for internal affairs bodies, Article 22 of the Law of Ukraine “On the Militia” remains declarative.
At the same time, in the Law of Ukraine “On the State Penal Service”, in Section 5 “Legal and Social Protection of Personnel of the State Penal Service”, there is not a word said about the sources of financing for the benefits and compensations provided for by Article 22 of the Law of Ukraine “On the Militia”. The absence of a mechanism for realising the right to social protection for penal service employees leaves this right as merely a declaration of intent and nothing more.
Even more problematic remains the application of Article 23 of the Law of Ukraine “On the Militia” regarding the rank-and-file and commanding staff of the penal service.
Law of Ukraine No. 328-V (328-16) “On Amendments to Certain Legislative Acts Regarding Social Protection of Military Personnel and Certain Other Persons” changed the title of Article 23 of the Law of Ukraine “On the Militia” from “State Insurance and Compensation for Damage in Case of Death or Maiming of Militia Employees” to “Payment of One-Time Financial Assistance in Case of Death or Disability of a Militia Employee”.
Part 1, which provided for mandatory state insurance of militia employees in the amount of 10 years of monetary maintenance for the last position held, at the expense of the respective budgets, and Part 2, which provided that the procedure and conditions for the insurance of militia employees are established by the Cabinet of Ministers of Ukraine, were excluded from Article 23.
By its form of presentation, the norm of Article 23 of the Law of Ukraine “On the Militia” is referential. The article contains a reference stating that the procedure and conditions for the payment of one-time financial assistance in the case of the death or maiming of a militia employee are determined by the Cabinet of Ministers of Ukraine. In accordance with the requirements of Article 23 of the Law of Ukraine “On the Militia”, on 12 May 2007, the Cabinet of Ministers of Ukraine issued Resolution No. 707, which approved the procedure and conditions for the payment of one-time financial assistance in the case of death or disability of a militia employee. The Resolution clearly defines the cases when this assistance is paid, the amounts of payments, and contains an exhaustive list of official duties related to direct participation in the protection of public order and the fight against crime, during the performance of which a militia employee died, became disabled, or received an injury (concussion, trauma, or maiming).
In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 707 of 12 May 2007, the performance of official duties related to direct participation in the protection of public order and the fight against crime includes: carrying out guard or patrol duty; performing actions to ensure the personal safety of citizens, protection of their rights and freedoms, and legitimate interests; suppressing or preventing crimes and offences; guarding and ensuring public order, detecting and solving crimes, and searching for individuals who committed them; ensuring traffic safety; participation in the liquidation of the consequences of accidents, fires, catastrophes, natural disasters, and other extraordinary events. The list of insurance cases corresponds to those basic duties of the militia specified in Article 10 of the Law of Ukraine “On the Militia”. The Ministry of Internal Affairs makes the decision on the assignment of the payment, and the payment of financial assistance itself is carried out by internal affairs bodies at the place of service by the employee.
Surely, the State Department of Ukraine for the Execution of Sentences needs to develop a procedure for the assignment and a mechanism for the payment of one-time financial assistance in the case of death or disability of a penal service employee, based on the tasks of the State Penal Service.
To this day, issues regarding providing this category with free medical care, sanatorium-resort treatment, and recreation for health improvement, the provision of housing or the payment of monetary compensation for the renting of housing, and free travel remain unresolved.
The Resolution of the Cabinet of Ministers of Ukraine No. 1294 of 7 November 2007 “On Streamlining the Structure and Conditions of Monetary Maintenance for Military Personnel and Rank-and-File and Commanding Staff” did not resolve the issue of a decent salary for work associated with the specific features of performing professional duties involving risks to life and health and certain restrictions on constitutional rights and freedoms.
The Resolution, in addition to the main types of monetary maintenance, established an allowance for the performance of particularly important tasks in the amount of 50% of the official salary and the salary for a special rank and seniority allowance, although the very concept of “performance of particularly important tasks” is not contained therein. Furthermore, under paragraph 5, subparagraph 1, paragraph 3, this allowance can be cancelled, or its amount reduced, which significantly affects the size of the monetary maintenance; the establishment of such an allowance depends on the “goodwill of the chief” and the level of funding.

At the legislative level, the legal status of paramilitary formations intended for guarding remand centres and penal institutions, and the procedure for the use and application of weapons in the specific conditions of a correctional colony, have not been defined.

The activities of personnel in penal institutions are constantly associated with risk to life and health, increased requirements for discipline, professional suitability, and professional, physical, volitional, and other qualities. It is precisely this that dictates the need for additional guarantees of social security for this category of citizens, both during their service and after dismissal.
Certain restrictions on individual constitutional rights and freedoms of the rank-and-file and commanding staff and other employees of bodies and institutions for the execution of sentences have been introduced by legislation. For instance, in accordance with Article 15 of the Law of Ukraine “On the State Penal Service”, they cannot be members of political parties or public organisations that have political goals; they are prohibited from organising strikes, participating in their conduct, and engaging in entrepreneurial activity. All this must also be compensated by the existence of increased guarantees of social security and a complex of organisational, legal, and economic measures aimed at ensuring the well-being of this category of employees.
Unfortunately, today, the social prestige of the penitentiary profession remains low.
Since society is the customer of the social product that the prison provides, and public safety depends on its quality, its citizens should be the most interested in ensuring that the penal system personnel effectively influence the convict, and accordingly, the public welfare. After all, the entire activity of the personnel must be aimed at returning prisoners to society after serving their sentences as law-abiding citizens.
A socially unprotected employee of the penal system, with a low salary and no prospect of career growth, is incapable of shaping a criminal into an individual who would lead a law-abiding lifestyle and adhere to the legal and other social norms of the state and society.
The goal and justification of a court sentence to imprisonment, in the final analysis, is the protection of society and the prevention of crimes. And this goal can only be achieved if convicts, after release from places of deprivation of liberty and return to normal life in society, turn out to be not only prepared but also capable of self-managed, law-abiding behaviour, and their reintegration into society is such that they are capable of an independent, generally accepted, socially normative life.
Stating that deprivation of liberty is an exceptional measure that should be applied in cases where the state and society face a real threat, then, accordingly, the personnel of the bodies and institutions of the penal system should strive to ensure public safety through the realisation of the purpose of punishment—not only as retribution but also as the achievement of correction and re-socialisation—as well as to prevent the commission of crimes by convicts and other persons.
The personnel of bodies and institutions for the execution of sentences perform work of great social importance. This work is associated with the constant expenditure of emotional and physical strength: persistent stress and overload, and emotional tension, which are caused by the specifics of the organisation of duty, “from reveille to lights out”, increased options for performing service in the event of complications of the operational situation within the colony itself, as well as during periods of exacerbation of the situation in penal institutions of other regions, during the conduct of political actions in the state, and during the celebration of state and religious holidays. In other words, more than a third of their working time, employees serve in an irregular mode, including on holidays and weekends, which narrows the sphere of communication within the family, leads to insufficient attention to the upbringing of children, etc.
The limitation of benefits, compensations, and guarantees for penal service employees as a complex of organisational, legal, and economic measures aimed at ensuring their social protection—including the lack of provision for free medical care, the granting of sanatorium-resort treatment and recreation for health improvement, the lack of provision of housing or the payment of monetary compensation for the renting of housing, and discounts on payments for the use of housing, fuel, telephone, and utility services—is determined by the specificity of professional duties associated with risk to life and certain restrictions on the right to earn material goods to ensure a decent standard of living for themselves and their families. This will result in an outflow of the professional core of practical staff of the penal system who organise and carry out the correction of convicts.
One of the reasons for the existing state regarding the legal and social protection of rank-and-file and commanding staff of the penal service, in my opinion, is that the penal system has ceased to be a priority for the government. Only quite recently, the state closely monitored the activities of the prison system, and the financing of its activities did not occur according to the residual principle, as is the case today. The greatest projects of the century—the construction of the Baikal-Amur Mainline (in the thirties and seventies), the White Sea-Baltic and Volga-Don canals, and the construction of a tunnel between the mainland and Sakhalin Island—were the brainchild of the prison agency. Everyone knows that the successes of rocket and aircraft engineering and the design of the best medium tank, the T-34, by the constructor Kashkin, took place within prison walls. Cheap convict labour helped the country increase its economic potential. Almost 20% of the national gross product was created by the penal system. One probably should not be proud of this, but the system’s enterprises produced a fifth of all the goods that society used.
Everything changed cardinally in the independent Ukrainian state. The penal system became useless to anyone. In the modern market economy of the state, there was no place for the enterprises of the penal system. The state, as a whole, lost interest in the functioning of the penal system, leaving for itself only the function of executing sentences of imprisonment. The system is only remembered when prisoners protest against inhuman or degrading treatment, commit mass self-mutilation, or declare hunger strikes.
Having lost interest in the system, the state began to forget about the personnel who work there.
The leadership of the central apparatus are public servants of certain categories, whose social protection is regulated by the Law of Ukraine “On Public Service”, and they are not particularly concerned with the problems of the legal and social status of rank-and-file and commanding staff; no one deals with research into the social consequences of violating the rights of personnel.

Based on the above, I consider it necessary in the near future:
to develop and adopt laws and legal acts regarding the performance of service by rank-and-file and commanding staff of the State Penal Service of Ukraine, namely:
a) in accordance with paragraph 22 of Article 92 of the Constitution of Ukraine—to develop and adopt the Law of Ukraine “On the Disciplinary Statute of the State Penal Service of Ukraine”;
b) to develop and adopt a Resolution of the Cabinet of Ministers of Ukraine “On the Procedure for Service by Employees of the State Penal Service of Ukraine”;
c) to develop and adopt a Resolution of the Cabinet of Ministers of Ukraine “On the Procedure for the Payment of One-Time Financial Assistance in the Case of Death or Maiming of a Penal Service Employee and Compensation for Damage Caused to His Property During the Performance of Official Duties”.
Valentina Badyra, PhD in Law, Director of the charitable organisation “Chernihiv Women’s Human Rights Centre”.