What should be changed in the Internal Regulations

26.01.2011

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The civil human rights organisation “Donetsk Memorial” has initiated the preparation of proposals for the Internal Regulations of penal institutions. These proposals have been sent to the State Penitentiary Service of Ukraine, the Prosecutor General’s Office, and the Ministry of Justice with the expectation that they will be reviewed and taken into account when adopting amendments to these Regulations. Twelve experts—representatives of civil society organisations and scholars specialising in the problems of the penal enforcement system—contributed to the preparation of these proposals. The first table contains the proposals supported by the majority of experts, and the second contains proposals that received a mixed assessment from the experts.

Current Wording

Proposed Wording

Explanation

6. Public oversight of the observance of human rights, fundamental freedoms, and legitimate interests.

The chairperson, deputy chairperson, and members of the supervisory commission who exercise public oversight over the observance of the human rights, fundamental freedoms, and legitimate interests of convicts during the execution of criminal sentences have the right to visit penal institutions without special permission.

Add after Clause 5 of the Internal Regulations the following point:

Section III. SPECIFIC FEATURES OF THE DETENTION OF CONVICTS SENTENCED TO ARREST

18. Legal status of convicts sentenced to arrest

Convicts sentenced to arrest have the right:

5th para: to have with them and keep in their cell personal items and belongings, the list of which is established by these Regulations;

9th para: Proposals, applications, and complaints addressed to the prosecutor, or the Ukrainian Parliament Commissioner for Human Rights, are not subject to review and shall be sent to their destination no later than within a 24-hour period, and if they are submitted on non-working days or holidays, then no later than within 24 hours of their conclusion;

18. Legal status of convicts sentenced to arrest

Convicts sentenced to arrest have the right:

5th para: to have with them and keep in their cell personal items and belongings, except for the list of prohibited items;

9th para: Proposals, applications, and complaints addressed to the prosecutor, the Ukrainian Parliament Commissioner for Human Rights, to the court, to the European Court of Human Rights, and to the European Committee for the Prevention of Torture are not subject to review, are received from convicts in a sealed form, and no later than within a 24-hour period shall be sent to their destination, and if they are submitted on non-working days or holidays, then no later than within 24 hours of their conclusion;

In the 5th para, change the wording of the requirement regarding the list of items a convict is permitted to have.

In the 9th para, add the following to the list of institutions whose mail is not subject to review: the court, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee;

and state that the institution’s administration shall receive these letters from convicts in a sealed form.

22. Specific features of utility, domestic, and medical services for convicts sentenced to arrest

3rd para: Premises where convicts are held shall be equipped with radio. The time for radio broadcasting is determined by the institution’s daily schedule.

22. Specific features of utility, domestic, and medical services for convicts sentenced to arrest

3rd para: Premises where convicts are held shall be equipped with radio. The time for radio broadcasting is determined by the institution’s daily schedule. The opinion of the majority of the occupants of the premises regarding listening to or refusing to listen to certain radio broadcasts should, as a rule, be taken into account.

In the 3rd para, add the following clarification after the words “institution’s daily schedule”: The opinion of the majority of the occupants of the premises regarding listening to or refusing to listen to certain radio broadcasts should, as a rule, be taken into account.

Section IV. SPECIFIC FEATURES OF THE DETENTION OF CONVICTS SENTENCED TO LIFE IMPRISONMENT

23. Legal status of convicts sentenced to life imprisonment

11th: to receive two parcels (consignments) and two small packets during the year;

12th: to purchase food and basic necessities in the institution’s shop via non-cash payment during the month for an amount of up to 50% of the minimum wage using funds earned in places of detention, and male convicts over the age of sixty, female convicts over the age of fifty-five, and disabled persons of the first and second group—also using funds received via money transfers; without restriction—writing supplies, newspapers, books via the retail network upon order;

19th para: to use religious literature in an individual manner, and to perform religious rites, but only within the confines of the cell in their free time and if this does not interfere with other convicts.

23. Legal status of convicts sentenced to life imprisonment

12th: to purchase food and basic necessities in the institution’s shop via non-cash payment during the month for an amount of up to 50% of the minimum wage using funds earned in places of detention, as well as funds received via money transfers; without restriction—writing supplies, newspapers, books via the retail network upon order;

19th para: to use religious literature in an individual manner, and to perform religious rites, but only within the confines of the cell in their free time.

Remove the 11th para.

In the 12th para, it is worth allowing all convicts to spend not only funds earned in places of detention but also those received via money transfers.

In the 19th para, remove the condition that “if this does not interfere with other convicts.”

25. Use of measures of physical coercion, special means, and weapons against convicts sentenced to life imprisonment

In the event of removing convicts from cells, or escorting them on the territory of the colony and beyond its borders, handcuffs shall be used. When using handcuffs, the convict shall keep their hands behind their back. Escorting of convicts shall be carried out one by one, accompanied by two representatives of the administration and a canine handler with a service dog.

25. Use of measures of physical coercion, special means, and weapons against convicts sentenced to life imprisonment

In the event of removing convicts from cells, or escorting them on the territory of the colony, handcuffs shall be used only for those persons for whom there is a corresponding written recommendation from the institution’s psychologist. In the event of escorting them outside the colony, handcuffs shall be used for all convicts. When using handcuffs, the convict shall keep their hands behind their back. Escorting of convicts shall be carried out one by one, accompanied by two representatives of the administration and a canine handler with a service dog.

Restrict the use of handcuffs in accordance with repeated recommendations from the European Committee for the Prevention of Torture and draft this point as follows:

Section V. PROCEDURE FOR RECEIVING CONVICTS INTO PENAL INSTITUTIONS

26. Receiving convicts into penal institutions

4th para: Upon admission to penal institutions, convicts shall be subjected to a full search, and their belongings—to inspection. Items, products, and substances, the storage of which is prohibited for convicts, shall be confiscated in the order provided for by Article 59 of the Criminal Executive Code of Ukraine.

26. Receiving convicts into penal institutions

During the admission of convicts to penal institutions, the use of force not necessitated by the circumstances is prohibited.

Add a sentence to the following effect:

During the admission of convicts to penal institutions, the use of force not necessitated by the circumstances is prohibited.

Section VI. CERTAIN CONDITIONS FOR THE EXECUTION OF CRIMINAL SENTENCES IN PENAL INSTITUTIONS

28. Relationships between penal institution staff and convicts

2nd para: Institution staff are obliged… to skillfully combine high standards with attentive treatment of every convict. It is strictly forbidden for them to enter into non-official relations with convicts and their relatives that are not prompted by service interests, and also to make use of their services.

3rd para: Convicts are obliged to be polite to penal institution staff and to fulfil their lawful demands.

5th para: In educational colonies, staff address convicts using the informal ‘ty’ (thou) and may address them as “pupil” and call them by name.

28. Relationships between penal institution staff and convicts

2nd para: Institution staff are obliged… to skillfully combine high standards with attentive treatment of every convict and with unconditional observance of human rights and freedoms. They are prohibited from entering into non-official relations with convicts and their relatives.

3rd para: Convicts are obliged to be polite to penal institution staff and to fulfil their requirements as provided for by legislation.

5th para: In educational colonies, staff address convicts using the formal ‘vy’ (you) and may address them as “pupil” and call them by name.

Change the wording of the 2nd para as follows:

combine high standards with attentive treatment of every convict and with unconditional observance of human rights and freedoms. They are prohibited from entering into non-official relations with convicts and their relatives.

Set out the requirement in the 3rd para as follows:

to fulfil their requirements as provided for by legislation.

Set out the fragment in the 5th para regarding addressing pupils as follows:

In educational colonies, staff address convicts using the formal ‘vy’ (you)

29. Rules of conduct for convicts

Convicts have the right:

3rd para: to receive information and clarification about the conditions of serving their sentence and the procedure for sentence execution, as well as their rights;

8th para: to receive and send parcels, small packets, money transfers, and to receive consignments in the order established by these Regulations;

15th para: to receive education in accordance with the legislation on education on condition that it does not contradict the established order of serving the sentence;

17th para: to use individual water-heating electric kettles of factory manufacture with a power of up to 0.5 kW in dining areas;

19th para: to purchase televisions and refrigerators for general use at the expense of funds held in personal accounts, with the calculation: one television per unit or living section and one refrigerator per unit.

Convicts are obliged:

22nd para: to keep living and utility premises and workplaces clean, and to make beds according to the established standard;

23rd para: to fulfil all lawful requirements of the institution’s personnel;

Convicts are prohibited from:

42nd para: sending letters containing obscene or other inadmissible expressions;

50th para: keeping animals, engaging in gardening (in educational colonies, nature corners may be organised);

51st para: hanging photographs, reproductions, postcards, or newspaper and magazine clippings on walls, bedside tables, beds, and workplaces;

29. Rules of conduct for convicts

Convicts have the right:

3rd para: to receive information and clarification about the conditions of serving their sentence and the procedure for sentence execution, as well as their rights, at their request—in written form;

8th para: to receive and send parcels, small packets, money transfers, and to receive consignments in the order established by the Criminal Executive Code;

15th para: to receive education in accordance with the legislation on education;

17th para: to use individual water-heating electric kettles of factory manufacture with a power of up to 0.8 kW in dining areas;

19th para: to purchase televisions and refrigerators for general use at the expense of funds held in personal accounts.

Convicts are obliged:

22nd para: to keep living and utility premises and workplaces clean, and to make beds neatly;

23rd para: to fulfil the requirements of the institution’s personnel as provided for by legislation;

42nd para: Using obscene expressions in letters;

Add to the 3rd para the following:

at their request—in written form;

In the 8th para, change the reference as follows:

in the order established by the Criminal Executive Code;

In the 15th para, exclude the “condition”.

In the 17th para, change the power limitation to 0.8 kW.

In the 19th para, remove the limitation on the number of appliances, leaving this to common sense.

In the 22nd para, change the requirement for making beds to the following:

make beds neatly;

In the 23rd para, change the wording to the following:

the requirements of the institution’s personnel as provided for by legislation;

Draft the 42nd para as follows:

Using obscene expressions in letters;

Remove paragraphs 50 and 51.

Section VII. DAILY SCHEDULE…

31. Concept of the daily schedule

Para 2: This provides for an uninterrupted eight-hour sleep for convicts and the provision of personal time within the limits established by the criminal executive legislation of Ukraine.

31. Concept of the daily schedule

Para 2: ...within the limits established by the criminal executive legislation of Ukraine.

Convicts participate in physical exercise at their own discretion, according to their physical and personal characteristics.

Supplement Para 2 with a sentence to the following effect:

Convicts participate in physical exercise at their own discretion, according to their physical and personal characteristics.

33. Conducting checks of the presence of convicts

4th para: In bad weather and at low temperatures, when conducting such checks in the open air is undesirable, they may be conducted in the premises of the units.

33. Conducting checks of the presence of convicts

4th para: In bad weather and at low temperatures, when conducting such checks in the open air is impossible, they may be conducted in the premises of the units.

In the 4th para, change the requirement for outdoor checks as follows:

when conducting such checks in the open air is impossible,

Section VIII. ACQUISITION OF PRODUCTS BY CONVICTS

37. Procedure for the acquisition of food and basic necessities by convicts.

5th para: To this end, every convict who has the right to purchase food and basic necessities is provided with application forms for completion (Appendix 12 to these Regulations).

37. Procedure for the acquisition of food and basic necessities by convicts.

5th para: To this end, every convict who has the right to purchase food and basic necessities is unhinderedly provided with application forms for completion (Appendix 12 to these Regulations).

In the 5th para, add the requirement for the unhindered provision of forms.

38. Procedure for receiving parcels by convicts

2nd para: Seriously ill convicts, pregnant women, women having children in the children’s homes of correctional colonies, and disabled persons of the first and second groups, regardless of the assigned type of correctional colony, may receive additional parcels (consignments) and small packets in the quantity and assortment determined by a medical report.

3rd para: Convicts are permitted to purchase food and basic necessities in the colony’s shop using funds earned in the institution or received via money transfers, in lieu of the parcels (consignments) to which they are entitled in a set quantity and assortment.

4th para: For the receipt of consignments… Junior inspectors who accept consignments must strictly observe hygiene and sanitation rules.

6th para: The weight of one consignment may not exceed the weight limit established by postal regulations. Consignments that arrive simultaneously (within 5 days) at the address of the same convict, if their total weight does not exceed the established weight limit, are considered as one parcel, provided the right to receive them exists.

38. Procedure for receiving parcels by convicts

4th para: For the receipt of consignments… Junior inspectors who accept consignments must strictly observe hygiene and sanitation rules, behave politely, and show respect towards convicts and their relatives.

Remove paras 2, 3, and 6.

In the 4th para, supplement the sentence with the words:

behave politely and with respect towards convicts and their relatives.

Section IX. PROCEDURE FOR CONVICT CORRESPONDENCE…

43. Procedure for sending letters by convicts

2nd para: Letters are deposited in post boxes or handed over to administration representatives in an unsealed form.

4th para: Letters from convicts written in code, cipher, or using other conventions, as well as those of a cynical nature or containing information that should not be disclosed, shall not be sent to the addressee, which shall be announced to the convict, and the letters shall be destroyed.

5th para: Correspondence received and sent by convicts is subject to review.

6th para: Proposals, applications, and complaints addressed to the Ukrainian Parliament Commissioner for Human Rights, the prosecutor, and the European Court of Human Rights are not subject to review and shall be sent to their destination no later than within a 24-hour period.

43. Procedure for sending letters by convicts

2nd para: Letters are deposited in post boxes or handed over to administration representatives in an unsealed form, except for letters addressed to the Ukrainian Parliament Commissioner for Human Rights, the court, the prosecutor, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee.

5th para: Correspondence received and sent by convicts is subject to review if necessary.

6th para: Proposals, applications, and complaints addressed to the Ukrainian Parliament Commissioner for Human Rights, the court, the prosecutor, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee are not subject to review and shall be sent to their destination no later than within a 24-hour period.

Supplement the 2nd para with the following requirement:

except for letters addressed to the Ukrainian Parliament Commissioner for Human Rights, the court, the prosecutor, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee.

In the 4th para, instead of “destroyed”, specify:

and shall be kept in the personal file.

In the 5th para, set out the requirement for review as follows:

“is subject to review if necessary.”

In the 6th para, add the following institutions whose applications and complaints are not subject to review: the court, the European Committee for the Prevention of Torture, and the UN Human Rights Committee;

45. Appeals by convicts

3rd para: Appeals addressed to state and public organisations and to the attention of officials shall be accompanied by letters by the institution’s administration in a mandatory manner. Character references for those submitting the appeals shall be attached to appeals concerning pardons or transfers to other penal institutions.

4th para: Appeals addressed to the Ukrainian Parliament Commissioner for Human Rights, the prosecutor’s office, and the European Court of Human Rights are not subject to review.

7th para: Appeals containing obscene or other inadmissible expressions shall not be sent to addressees.

8th para: Appeals… shall be sent to addressees. Oral appeals shall be registered in the journal for receiving convicts on personal matters.

45. Appeals by convicts

3rd para: Appeals addressed to state and public organisations and to the attention of officials, except for letters addressed to the Ukrainian Parliament Commissioner for Human Rights, the court, the prosecutor, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee, shall be accompanied by letters by the institution’s administration in a mandatory manner.

4th para: Appeals addressed to the Ukrainian Parliament Commissioner for Human Rights, the court, the prosecutor’s office, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee are not subject to review…

7th para: Appeals containing obscene expressions shall not be sent to addressees.

8th para: Appeals… shall be sent to addressees, and the convict shall be informed of this. Oral appeals shall be registered in the journal for receiving convicts on personal matters.

In the 3rd para, after the words “attention of officials”, add:

“except for letters addressed to the Ukrainian Parliament Commissioner for Human Rights, the court, the prosecutor, the European Court of Human Rights, the European Committee for the Prevention of Torture, and the UN Human Rights Committee,”

In the 4th para, add the following to the list of institutions:

the court, the European Committee for the Prevention of Torture, and the UN Human Rights Committee,

In the 7th para, remove the words or other inadmissible.

In the 8th para, after the word “addressees”, add:

and the convict shall be informed of this.

46. Visits and telephone conversations of convicts with relatives and other persons

4th para: In the event of a refusal to grant a visit, a note shall be made on the convict’s application or that of the person wishing to meet with them, regarding the reasons for the refusal.

8th para: Long-term visits may also be granted to a spouse who lived as a family but was not officially married, provided they have common minor children, upon production of their birth certificates and a corresponding certificate from the local government body confirming the fact of their living as a family.

9th para: The institution’s administration shall, as a rule, release convicts from work for the period of long-term visits, with subsequent or prior make-up work.

10th para: The institution’s administration, provided there is a technical possibility, ensures the provision of telephone conversations to convicts.

13th para: At their request, convicts are permitted to replace long-term visits with short-term ones, as well as replace long-term and short-term visits with telephone conversations.

46. Visits and telephone conversations of convicts with relatives and other persons

4th para: In the event of a refusal to grant a visit, a note shall be made on the convict’s application or that of the person wishing to meet with them, regarding the reasons for the refusal. A refusal to grant a visit may be appealed in the order provided for by legislation.

8th para: Long-term visits may also be granted to a spouse who lived as a family but was not officially married, provided they have common minor children, upon production of their birth certificates.

9th para: The institution’s administration shall, as a rule, release convicts from work for the period of long-term visits.

10th para: The institution’s administration ensures the provision of telephone conversations to convicts…

13th para: At their request, convicts are permitted to replace long-term visits with short-term ones, as well as replace long-term and short-term visits with telephone conversations.

Supplement the 4th para with the words:

A refusal to grant a visit may be appealed in the order provided for by legislation.

In the 8th para, remove the words and a corresponding certificate from the local government body confirming the fact of their living as a family.

In the 9th para, remove the words with subsequent or prior make-up work.

In the 10th para, remove the words

provided there is a technical possibility, as narrowing rights in a regulatory document compared to the Law is prohibited by the Constitution.

49. Visits of convicts with a lawyer

At the request of the convict, or a lawyer or other specialist in the field of law who by law has the right to provide legal assistance, either personally or by proxy of a legal entity, visits may be granted in private in a short-term visit room with the provision of their safety. Visits for those sentenced to life imprisonment are granted in

Visits of convicts with a lawyer or other specialist in the field of law, who by law has the right to provide legal assistance, either personally or by proxy of a legal entity, are not counted in the number of visits established by the Criminal Executive Code of Ukraine,

49. Visits of convicts with a lawyer

At the request of the convict, or a lawyer or other specialist in the field of law who by law has the right to provide legal assistance, either personally or by proxy of a legal entity, visits may be granted in private in a specially equipped room on the territory of the correctional colony, with the provision of their safety. Visits for those sentenced to life imprisonment are granted in

Visits of convicts with a lawyer or other specialist in the field of law, who by law has the right to provide legal assistance, either personally or by proxy of a legal entity, are granted in private, are of a confidential nature, and are not counted in the number of visits established by the Criminal Executive Code of Ukraine,

In the 1st para, change the text and after the word “in private”, specify:

in a specially equipped room on the territory of the correctional colony, with the provision of their safety.

In the next paragraph, after the words “legal entity”, add the following:

are granted in private, are of a confidential nature, and are not counted in the number of visits established by the Criminal Executive Code of Ukraine.

50. Recording of parcels, consignments, small packets, visits, telephone conversations, and letters of convicts

Letters from convicts shall be registered by inspectors for the verification of correspondence.

50. Recording of parcels, consignments, small packets, visits, telephone conversations, and letters of convicts

Letters from convicts shall be registered by inspectors for the verification of correspondence; the registration number and date of their dispatch shall be communicated to the convict at their request..

Add the following sentence:

the registration number and date of their dispatch shall be communicated to the convict at their request.

51. Calculation of time limits for granting convicts…

2nd para: Subsequent visits, parcel (consignment), small packet, or telephone conversation are granted after the expiration of a period equal to the portion of the term derived from dividing the duration of a year by the number of corresponding visits, parcels (consignments), small packets, or telephone conversations to which the convict is entitled during the year.

3rd para: The time during which convicts were not issued parcels (consignments), small packets, and were not granted visits or telephone conversations in connection with a quarantine,…

4th para: Convicts are permitted to take out food and basic necessities after long-term visits, in lieu of a scheduled parcel or consignment, in the quantity and assortment established for parcels and consignments.

51. Calculation of time limits for granting convicts visits

2nd para: Subsequent visits or telephone conversations are granted after the expiration of a period equal to the portion of the term derived from dividing the duration of a year by the number of corresponding visits or telephone conversations to which the convict is entitled during the year.

3rd para: The time during which convicts were not granted visits or telephone conversations in connection with a quarantine…

In the 2nd para, remove the words

parcel (consignment), small packet, and parcels (consignments), small packets,

In the 3rd para, remove the words

were not issued parcels (consignments), small packets, and

Remove the 4th para.

58. Involvement of colony forces and means

1st para: …searches and inspections of convicts and premises are conducted, …by convicts and the commission of other crimes with the involvement of the personnel of special purpose units of the penal enforcement system and staff of other penal institutions.

2nd para: Involvement of colony forces and means… the prosecutor who exercises supervision over the observance of legality during the execution of judicial decisions shall be notified.

58. Involvement of colony forces and means

1st para: searches and inspections of convicts are conducted… by convicts and the commission of other crimes.

2nd para: Involvement of colony forces and means… the prosecutor who exercises supervision over the observance of legality during the execution of judicial decisions and the supervisory commission shall be notified.

In the 1st para, remove the last words

with the involvement of the personnel of special purpose units of the penal enforcement system and staff of other penal institutions.

In the 2nd para, after the words “judicial decisions”, add

and the supervisory commission.

Section XII. GROUNDS FOR THE APPLICATION OF MEASURES

Section XII. GROUNDS FOR THE APPLICATION OF MEASURES…

61. Procedure and grounds for the use of tear gas, rubber batons, and physical force

11th para: It is prohibited…, except in cases of an actual threat to the life and health of the institution’s personnel and the convicts.

61. Procedure and grounds for the use of tear gas, rubber batons, and physical force

11th para: It is prohibited… except in cases of an actual threat to the life and health of the institution’s personnel and the convicts.

In the event of a convict seeking medical attention after the use of tear gas, rubber batons, and physical force, all injuries must be recorded without fail. The doctor does not have the right to refuse to record the appeals and complaints of convicts.

After the 11th para, add the words:

Section XIII. CONVICT LABOUR

64. Involvement of convicts in socially useful labour

1st para: Convicts sentenced to deprivation of liberty shall be involved in socially useful labour in the order established by the Criminal Executive Code of Ukraine. The conditions and procedure for the remuneration of persons deprived of liberty are regulated by the current legislation of Ukraine.

64. Involvement of convicts in socially useful labour

1st para: Convicts sentenced to deprivation of liberty shall be involved in socially useful labour with their consent in the order established by the Criminal Executive Code of Ukraine. The conditions and procedure for the remuneration of persons deprived of liberty are regulated by the current legislation of Ukraine.

Participation of convicts in the educational process is equated to participation in labour activity.

Convicts are permitted to choose the type and form of labour activity from those available in the penal institution.

Convicts have the right to appeal to the colony’s administration with a request to establish new types of labour in the institution with the goal of developing their abilities and skills. The colony’s administration is obliged to consider such appeals and, in case of expediency, ensure their satisfaction.

In the 1st para, after the word “labour”, add –

with their consent

add also the following paragraphs:

Participation of convicts in the educational process is equated to participation in labour activity.

Convicts are permitted to choose the type and form of labour activity from those available in the penal institution.

Section XIV. MATERIAL INCENTIVES FOR LABOUR

69. Minimum wage

1st para: In correctional colonies, the personal account of convicts who do not commit violations of the regime must be credited with at least fifteen percent, regardless of all deductions, in accordance with Article 120 of the Criminal Executive Code of Ukraine,

69. Minimum wage

1st para: In correctional colonies, the personal account of convicts must be credited with at least fifteen percent, regardless of all deductions, in accordance with Article 120 of the Criminal Executive Code of Ukraine,

In the 1st para, remove the words

who do not commit violations of the regime,

Section XV. CERTAIN QUESTIONS OF SOCIAL ORGANISATION

71. Conducting educational measures with convicts

1st para: Educational measures with convicts are conducted on the basis of programmes.

71. Conducting educational measures with convicts

1st para: Educational measures with convicts are conducted on the basis of programmes.

The conducting of educational measures may not reduce the duration of free time to less than two hours.

Add after the 1st para the following sentence:

The conducting of educational measures may not reduce the duration of free time to less than two hours.

73. Radio and television broadcasts in penal institutions

1st para: In the living quarters of correctional colonies…. by the institution’s daily schedule.

73. Radio and television broadcasts in penal institutions

1st para: In the living quarters of correctional colonies…. by the institution’s daily schedule.

The volume of radio broadcasts and television programmes must not be excessive. At their request, convicts may refuse to listen to certain radio broadcasts, and during their transmission, loudspeakers in certain cells may be switched off.

Add after the 1st para the following sentence:

78. Public participation in correction…

2nd para: Public oversight of the observance of the rights of convicts

78. Public participation in correction…

2nd para: Public oversight of the observance of the rights of convicts…. of Ukraine, as well as civil society organisations that have at least two years of experience working with penal institutions.

Add in the 2nd para after the words “Ministers of Ukraine”:

as well as civil society organisations that have at least two years of experience working with penal institutions.

Section XVI. INCENTIVE MEASURES AND PENALTIES

80. Officials who have the right to apply incentive measures and penalties, and their powers

4th para: The head of the colony’s social and psychological service department has the right to apply orally: gratitude, early lifting of a penalty previously imposed by them, a warning, a reprimand, and assignment to extra-duty cleaning of the colony’s premises and territory.

80. Officials who have the right to apply incentive measures and penalties, and their powers

In the 4th para, remove the words

assignment to extra-duty cleaning of the colony’s premises and territory.

Section XVII. SPECIFIC FEATURES OF CHANGING CONDITIONS OF DETENTION

84. Procedure for changing conditions of detention of convicts…

5th para: Convicts who maliciously violate the regime of serving their sentence may be transferred from the social rehabilitation unit.

6th para: Convicts…. upon expiration of the term of detention in this unit shall be transferred to the enhanced control unit (Appendix 33 to these Regulations).

84. Procedure for changing conditions of detention of convicts…

5th para: Convicts who maliciously violate the regime of serving their sentence may—with the approval of the supervisory commission—be transferred from the social rehabilitation unit.

6th para: Convicts…. upon expiration of the term of detention in this unit shall be transferred—with the approval of the supervisory commission—to the enhanced control unit.

In the 5th para, add after the words “may be”

with the approval of the supervisory commission

In the 6th para, add after the words “shall be transferred”

with the approval of the supervisory commission

85. Procedure for changing conditions of detention of convicts

5th para: A convict who maliciously violates the regime of serving their sentence may be transferred from the social rehabilitation unit to the enhanced control unit.

85. Procedure for changing conditions of detention of convicts

5th para: A convict who maliciously violates the regime of serving their sentence may be transferred—with the approval of the supervisory commission—from the social rehabilitation unit to the enhanced control unit.

In the 5th para, add after the words “transferred”

with the approval of the supervisory commission

88. Procedure for placement and conditions of detention of convicts in disciplinary isolation cells, lock-ups, or disciplinary units (isolation wards) as a penalty

1st para: The grounds for receiving and holding convicts in disciplinary isolation cells, lock-ups, or disciplinary units (isolation wards) is a reasoned decision by the institution’s head (Appendix 36, 37 to these Regulations) or the person performing their duties, with a determination of the term of detention….

7th para: During detention in a disciplinary isolation cell, lock-up, or disciplinary unit (isolation ward), convicts are prohibited from visits, purchasing food and basic necessities, receiving parcels (consignments) and small packets, or using board games.

13th para: A convict may appeal the penalty imposed on them, however, the submission of a complaint does not suspend the execution of the penalty…. by the convict. Early release of convicts from these premises is also carried out when justified by medical indications.

14th para: Upon imposition of a penalty on a convict, the colony’s administration shall provide them with the opportunity to notify their close relatives, a lawyer, or other specialists in the field of law who, by law, have the right to provide legal assistance, either personally or by proxy of a legal entity.

18th para: In the event of transferring a convict to a disciplinary unit (isolation ward) for a malicious violation of the regime in a disciplinary isolation cell, the term of detention in the disciplinary unit (isolation ward) shall be calculated after the completion of the punishment in the disciplinary isolation cell.

25th para: From convicts held in disciplinary isolation cells and disciplinary units of correctional colonies of the minimum security level with lightened conditions of detention, social rehabilitation units, and disciplinary isolation cells of correctional centres, the full cost of food provided according to established standards shall be deducted.

88. Procedure for placement and conditions of detention of convicts in disciplinary isolation cells, lock-ups, or disciplinary units (isolation wards) as a penalty

1st para: The grounds for receiving and holding convicts in disciplinary isolation cells, lock-ups, or disciplinary units (isolation wards) is a reasoned decision by the institution’s head (Appendix 36, 37 to these Regulations) or the person performing their duties—with the approval of the supervisory commission—with a determination of the term of detention…

The decision may be appealed to higher management or to a court. The institution’s administration must ensure the convict has the possibility of appealing to a court.

7th para: During confinement in a disciplinary cell, a solitary confinement unit or a penal detention unit (transfer unit), prisoners are prohibited from having visits, except for meetings with a representative of a human rights organisation, a solicitor or another legal professional who, by law, is authorised to provide legal assistance in person or on behalf of a legal entity, purchasing food…

13th para: A prisoner may appeal against a penalty imposed on them to a higher official or to a court; however, the filing of an appeal does not stay the execution of the penalty... by the prisoner. The institution’s administration must ensure that the prisoner has the opportunity to apply to a court. Early release of prisoners from these premises is also carried out when it is necessitated by medical reasons.

14th para: When imposing a penalty on a prisoner, the prison administration shall provide them with the opportunity, at the earliest opportunity and before the commencement of the penalty, to notify their close relatives, solicitor or other legal professionals who, by law, are authorised to provide legal assistance in person or on behalf of a legal entity, in the prescribed manner.

18th para: In the event of a prisoner being transferred to a penal detention unit (transfer unit) for a malicious violation of the regime in a disciplinary cell, the period of confinement in the penal detention unit (transfer unit) shall be calculated after the completion of the punishment in the disciplinary cell. A prisoner may appeal against a penalty imposed on them to a higher official or to a court. The institution’s administration must ensure that the prisoner has the opportunity to apply to a court.

In para 1, add after the word ‘duties’:

in coordination with the supervisory commission

After para 1, add the sentence:

The decision may be appealed to a higher authority or to a court. The institution’s administration must ensure that the prisoner has the opportunity to apply to a court.

In para 7, after the word ‘visits’, add:

except for meetings with a representative of a human rights organisation, a solicitor or another legal professional who, by law, is authorised to provide legal assistance in person or on behalf of a legal entity

In para 13, add after the word ‘penalty’:

to a higher official or to a court

and also add the sentence:

The institution’s administration must ensure that the prisoner has the opportunity to apply to a court.

In para 14, add after the words ‘provide them with the opportunity’:

at the earliest opportunity, before the commencement of the penalty

In para 18, add after the words ‘in the disciplinary cell’

A prisoner may appeal against a penalty imposed on them to a higher official or to a court. The institution’s administration must ensure that the prisoner has the opportunity to apply to a court.

Para 25 to be deleted

Section XVIII. MATERIAL AND LIVING SUPPORT AND MEDICAL CARE FOR PRISONERS

92. Material and living support for prisoners

1st para: Necessary living and domestic conditions are created for prisoners. In the cold season, the temperature in the residential premises of penal institutions shall be maintained at a level of no less than 18 degrees Celsius.

2nd para: The cost of clothing and equipment is deducted from the prisoners’ earnings. At their request, the cost of these items may be paid in full or in part from funds held in personal accounts. In cases where there are no funds in the prisoners’ personal accounts to cover the cost of clothing and footwear in the current month, the debt for the specified items of clothing and equipment shall be deducted in subsequent months until it is fully repaid. After payment of the cost of the items received, they become the property of the prisoners. Repair of prisoners’ clothing and footwear is carried out in the institution’s workshops.

4th para: The cost of food is deducted from the prisoners’ earnings monthly from the date of their stay in penal institutions. The cost of food not deducted from prisoners in the current month due to low earnings or their absence shall not be deducted in subsequent months.

6th para: Prisoners held in minimum-security colonies with lightened conditions, correctional centres, as well as in social rehabilitation units, shall purchase food and clothing/equipment at their own expense. Utilities are paid by them on general terms according to established tariffs. For persons who do not work due to illness or due to reasons beyond their control (quarantine, weather conditions, etc.) and do not receive wages during this time, the specified types of support and services are provided according to established standards at the expense of the institution’s budget.

92. Material and living support for prisoners

1st para: Necessary living and domestic conditions are created for prisoners. In the cold season, the temperature in the residential premises of penal institutions, including the disciplinary cell, solitary confinement unit and penal detention unit, shall be maintained at a level of no less than 18 degrees Celsius.

2nd para: . Repair of prisoners’ clothing and footwear is carried out in the institution’s workshops.

In para 1, add after the words ‘penal institutions’:

including the disciplinary cell, solitary confinement unit and penal detention unit,

In para 2, delete the words up to the words ‘Repair of clothing’

Paragraphs 4 and 6 to be deleted

94. Medical care for prisoners…

4th para: The results of examinations, which contain data on mental and somatic conditions and laboratory tests, are recorded in the prisoners’ medical records.

94. Medical care for prisoners…

4th para: The results of examinations, which contain data on mental and somatic conditions and laboratory tests, are recorded in the prisoners’ medical records.

Prisoners have the right to freely acquaint themselves with the contents of their medical records, and with their written consent, relatives have the right to receive extracts from their medical records. Refusal to allow access to medical records or to provide extracts is not permitted.

After para 4, add a paragraph as follows:

95. Compliance with sanitary-hygienic and anti-epidemic rules in penal institutions

4th para: Male prisoners are prohibited from having a beard; they are allowed to have a short haircut, but in the case of disciplinary sanctions being applied to them in the form of placement in a disciplinary cell, solitary confinement unit, or transfer to a penal detention unit (transfer unit), they are subject to having their hair cut.

95. Compliance with sanitary-hygienic and anti-epidemic rules in penal institutions

4th para: Male prisoners are allowed to have a short beard and a short haircut

Para 4 to be set out in the following wording:

Male prisoners are allowed to have a short beard and a short haircut,

And from the words ‘but in the case of’ delete to the end of the sentence , but in the case of disciplinary sanctions being applied to them in the form of placement in a disciplinary cell, solitary confinement unit, or transfer to a penal detention unit (transfer unit), they are subject to having their hair cut.

98. Order and conditions of confinement for prisoners recognised as disabled

2nd para: Prisoners who conscientiously adhere to their treatment and are positively characterised are permitted to purchase food products at the colony shop monthly at the expense of funds held in their personal accounts, and to receive one additional parcel or delivery once a month.

3rd para: In the absence of necessary medicinal products, they may be received from relatives with the permission of the colony’s medical unit. Such medicines are kept in medical units, and their issuance to patients to hold themselves is prohibited. The consumption of medicines by prisoners is carried out in the presence of a medical worker.

98. Order and conditions of confinement for prisoners recognised as disabled

3rd para: In the absence of necessary medicinal products, they may be received from relatives upon presentation of the appropriate medical prescription. Such medicines are kept in medical units, and their issuance to patients to hold themselves is prohibited. Specific categories of prisoners, subject to a doctor’s approval, may receive medical preparations to hold themselves. Prisoners are compulsorily provided in writing with a list of medicines delivered to them by relatives. The consumption of medicines by prisoners is carried out in the presence of a medical worker.

In para 2, delete the words:

and to receive one additional parcel or delivery once a month.

In para 3, the wording ‘with the permission of the medical unit’ must be changed to ‘upon presentation of the appropriate medical prescription’.

In para 3, add after the word ‘prohibited’ a sentence of the following content:

Specific categories of prisoners, subject to a doctor’s approval, may receive medical preparations to hold themselves. Prisoners are compulsorily provided in writing with a list of medicines delivered to them by relatives.

Proposals to the Internal Regulations of Penal Institutions, supported in part

Current version

Proposed version

Explanation

24. Places, procedure and conditions of execution and service of punishment in the form of life imprisonment

Those sentenced to life imprisonment are kept separate from other prisoners and persons held in custody, in separate cells, depending on living space, psychological compatibility of cohabitation, as determined by the institution’s administration.

24. Places, procedure and conditions of execution and service of punishment in the form of life imprisonment

Those sentenced to life imprisonment are kept separate from other prisoners and persons held in custody, in separate cells, depending on living space, psychological compatibility of cohabitation, where possible, taking into account their religious beliefs, as determined by the institution’s administration.

Add to the list of conditions for the placement of prisoners ‘where possible, taking into account their religious beliefs’

42. Procedure for the seizure of items from prisoners…

1st para: In accordance with the criminal-executive legislation of Ukraine, money and valuables found on prisoners are seized and, by court decision, may be transferred to the state revenue.

3rd para: If, due to specific conditions, it is deemed inappropriate to credit the seized money and valuables to the state revenue, the money is credited to the prisoner’s personal account, and valuables are handed over to the warehouse or accounting department for safekeeping.

42. Procedure for the seizure of items from prisoners…

1st para: In accordance with the criminal-executive legislation of Ukraine, money and valuables found on prisoners are seized

3rd para: Seized money is credited to the prisoner’s personal account, and valuables are handed over to the warehouse or accounting department for safekeeping.

In para 1, delete the words

and, by court decision, may be transferred to the state revenue.

Para 3 to be set out as follows:

Seized money is credited to the prisoner’s personal account, and valuables are handed over to the warehouse or accounting department for safekeeping.

Section IX. PROCEDURE FOR PRISONER CORRESPONDENCE…

Section XI. MEASURES TO ENSURE ISOLATION

54. Procedure for searches and inspections of prisoners

2nd para: The colony administration has the right, if there are grounds, to conduct an inspection of citizens, their belongings, and vehicles present on the colony territory, as well as to seize prohibited items and documents.

3rd para: Inspections and searches of prisoners, premises and territories of residential and production zones of the institutions are organised and conducted in the manner established by the Department. Results of their conduct shall be recorded in reports.

4th para: During the inspection and search of prisoners, residential and production facilities, damage to linen, clothing, inventory and other items not necessitated by need is not permitted.

Section XI. MEASURES TO ENSURE ISOLATION

54. Procedure for searches and inspections of prisoners

2nd para: The colony administration has the right, if there are grounds, to conduct an inspection of citizens with their consent, their belongings, and vehicles present on the colony territory, as well as to seize prohibited items and documents. Inspection of citizens, their belongings, vehicles and the seizure of prohibited items may be carried out only in the presence of two persons who are not department employees, and an ‘intimate’ inspection is conducted only by a doctor.

3rd para: Inspections and searches... are organised and conducted in the manner established by the Department. Special units of the department and other armed formations may not be involved in searches. Results of their conduct shall be recorded in reports.

4th para: During the inspection and search of prisoners, residential and production facilities, damage to linen, clothing, etc., is not permitted.

Para 2 to be set out in the following wording:

The colony administration has the right, if there are grounds, to conduct an inspection of citizens with their consent, their belongings, and vehicles present on the colony territory, as well as to seize prohibited items and documents. Inspection of citizens, their belongings, vehicles and the seizure of prohibited items may be carried out only in the presence of two persons who are not department employees, and an ‘intimate’ inspection is conducted only by a doctor.

In para 3, add the sentence:

Special units of the department and other armed formations may not be involved in searches.

In para 4, after the words ‘is not permitted’, delete the words not necessitated by need

55. Certain conditions for the admission of persons to institutions

3rd para: The institution’s administration has the right to conduct a personal search of persons entering or leaving the territory of places of imprisonment and secured production facilities.

5th para: A personal search and inspection of belongings is carried out by junior inspectors who are members of the guard…

6th para: Inspection of belongings is carried out in the presence of their owners. Personal search is conducted with the participation of at least two representatives of the administration.

55. Certain conditions for the admission of persons to institutions

3rd para: The institution’s administration has the right in exceptional cases and if there are sufficient grounds to conduct a personal search of persons (with their consent) entering or leaving the territory of places of imprisonment and secured production facilities.

5th para: A personal search and inspection of belongings is carried out in the presence of at least two persons who are not department employees, by junior inspectors who are members of the guard…

6th para: Inspection of belongings is carried out in the presence of their owners. Personal search is conducted in the presence of at least two persons who are not department employees.

Para 3 to be set out as follows:

The institution’s administration has the right in exceptional cases and if there are sufficient grounds to conduct a personal search of persons (with their consent) entering…

In para 5, add the words:

in the presence of at least two persons who are not department employees,

In para 6, change the final words of the sentence as follows:

is conducted in the presence of at least two persons who are not department employees,

77. Organisation of prisoner education

1st para: Organisation of general education,...

77. Organisation of prisoner education

1st para: Organisation of general education,...

The institution’s administration ensures the possibility of education, giving it priority over work and leisure.

Add after the 1st paragraph the following sentence:

The institution’s administration ensures the possibility of education, giving it priority over work and leisure.

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What should be changed in the Internal Regulations