For good behaviour, convicts will receive permission to leave correctional facilities for up to 14 days
The Ministry of Justice of Ukraine has approved an instruction on the procedure for granting convicts permission for short-term leave outside of correctional facilities. The corresponding order was signed by Minister of Justice Oleksandr Lavrynovych. This was reported to the ‘YP’ editorial office by the press service of the Ministry of Justice of Ukraine.
According to the Minister, the instruction was developed in accordance with Articles 59, 67, and 111 of the Criminal Executive Code of Ukraine with the aim of legally regulating the procedure for the leave of convicts outside of correctional facilities.
Thus, the instruction provides that, as an incentive for conscientious behaviour and attitude towards work, convicts may be granted permission to visit close relatives outside of the correctional centre during public holidays, non-working days, and weekends, no more than once a month. Convicts who work and are held in minimum-security correctional colonies with lenient conditions will have the right to an annual short-term leave outside the colony for a duration of 14 calendar days.
Convicted women who have children in infant homes attached to correctional colonies may be granted short-term leave outside the correctional colony within the territory of Ukraine to place their children with relatives, guardians, or in children’s homes, for a duration of no more than ten days, excluding travel time.
Furthermore, convicts may be granted short-term leave outside the correctional centre under the following circumstances and reasons:
– the death or serious illness of a close relative (spouse, parents, children, adopters, adoptees, siblings, grandparents, grandchildren) posing a threat to the patient’s life;
– a natural disaster that has caused significant material damage to the convict or their family;
– if it is necessary to visit a medical facility regarding an illness or treatment, provided there is a relevant medical certificate;
– for taking examinations at an educational institution;
– upon the summons of judicial or investigative bodies — for the duration of the investigation or inquiry;
– for the preliminary resolution of employment and domestic matters after release — for a period of up to seven days, excluding travel time;
– in the event of other vital circumstances requiring the presence of the convict (the birth of a child to the convict, provided there is a birth certificate, etc.).
Leave for convicts under the age of 16 is permitted only on the condition that they are accompanied during the journey by relatives or, with the permission of the head of the institution, by guardians.
Upon leaving the institution, the convict will be issued the necessary amount of money from their personal account. Travel by the convict will be carried out using funds available in their personal account. For the duration of the leave, the convict will also be issued civilian clothing that belongs to them. If the clothing is untidy, it may be replaced at the convict’s request and expense.
The duration of the short-term leave shall be established taking into account the grounds for which the leave is granted, as well as the distance of the institution from the settlement to which the convict is travelling.
Permission for short-term leave will be granted by the head of the institution, taking into account the convict’s personality and behaviour. The decision to grant permission for short-term leave will be made by the head of the institution where the convict is held.
The instruction also regulates issues concerning the convict’s stay outside the penal institution and their return to the institution within the specified time frame.
As is known, according to Articles 59, 67, and 111 of the Criminal Executive Code of Ukraine, convicts may be granted short-term leave outside the correctional centre under circumstances provided by law, for valid reasons, and also as an incentive for conscientious behaviour and attitude towards work.