Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
Recibido el 16/10/2022 Aceptado el 26/11/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 75 (2022), 79-88
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
International experience of correction
and resocialization of convicts sentenced
to imprisonment
DOI: https://doi.org/10.46398/cuestpol.4075.04
Kateryna Bobrovnyk *
Anton Dolhov **
Yurii Svynarenko ***
Oleh Shkuta ****
Viktor Konopelskyi *****
Abstract
The purpose of the research is to reveal international
experience in the correction and re-socialization of persons
sentenced to deprivation of liberty. Main content. This paper
analyzes articles of the Criminal-Executive Code of Ukraine,
which contain measures of encouragement applied to convicts
sentenced to deprivation of liberty (imprisonment) for a certain period
of time, and foreign experience of European countries and CIS countries.
Measures to encourage convicts should be considered as an important
component in the legal regulation of the process of execution and service
of punishment; use of such measures encourages law-abiding behavior.
Methodology: The methodological basis of the research is presented as
comparative-legal and systematic analysis, hermeneutic method as well as
methods of analysis and synthesis. Conclusions. In foreign legislation the
system of various types of measures stimulating law-abiding behavior of
convicted persons is clearly regulated; this system allows to systematically
and consistently change conditions of serving punishment from hard ones
to soft ones. This system consists of certain types of incentives; the content
* Postgraduate of the Department of Criminal Law, Criminal Procdure and Criminalistics Chair of
Institute of Economsc and Law, Classical Private University, Zaporizhzhia, Ukraine. ORCID ID:
https://orcid.org/0000-0002-5947-7300
** Postgraduate of the Department of Criminal Law, Criminal Procdure and Criminalistics Chair of
Institute of Economsc and Law, Classical Private University, Zaporizhzhia, Ukraine. ORCID ID:
https://orcid.org/0000-0002-0305-363X
*** Postgraduate of the Department of Criminal Law, Criminal Procdure and Criminalistics Chair of
Institute of Economsc and Law, Classical Private University, Zaporizhzhia, Ukraine. ORCID ID:
https://orcid.org/0000-0002-4413-5447
**** Professor, Doctor of Science in law, Head of the Department of Professional and Special Disciplines of
Kherson Faculty, Odessa State University of Internal Aairs, Ukraine. ORCID ID: https://orcid.org/0000-
0003-0395-5710
***** Professor, Doctor of Science in law, Head of the Department of Criminal Law and Criminology, Odessa
State University of Internal Aairs, Оdessa, Ukraine. ORCID ID: https://orcid.org/0000-0003-4068-3902
80
Kateryna Bobrovnyk, Anton Dolhov, Yurii Svynarenko, Oleh Shkuta y Viktor Konopelskyi
International experience of correction and resocialization of convicts sentenced to imprisonment
and essence of such incentives dier depending on whether these measures
are one-time or permanent and in relation to a certain category of convicted
persons.
Keywords: incentive standards; incentive measures; convicts;
resocialization; incarceration.
Experiencia internacional de corrección y
resocialización de condenados a pena privativa de
libertad
Resumen
El propósito de la investigación fue revelar la experiencia internacional
en la resocialización de personas sentenciadas a privación de libertad. Se
analiza los artículos del Código Penal-Ejecutivo de Ucrania, que contienen
medidas de estímulo aplicadas a los convictos condenados a privación de
libertad por un cierto período de tiempo y la experiencia internacional
de países europeos y de la Comunidad de Estados Independientes CEI.
Las medidas para alentar a los condenados deben considerarse como un
componente importante en la regulación legal del proceso de ejecución y
servicio del castigo; el uso de tales medidas fomenta el comportamiento
respetuoso de la ley. La base metodológica de la investigación se presenta
como análisis comparado-jurídico y sistemático, método hermenéutico
así como métodos de análisis y síntesis. Se concluye que en la legislación
internacional se regula el sistema de diversos tipos de medidas que estimulan
el comportamiento respetuoso de la ley de las personas condenadas; este
sistema permite cambiar consistentemente las condiciones de cumplimiento
del castigo. Este sistema consiste en ciertos tipos de incentivos; el contenido
y la esencia de tales incentivos dieren dependiendo de si estas medidas son
únicas o permanentes y en relación con determinada categoría de personas
condenadas.
Palabras clave: estándares de incentivos; medidas de incentivos;
convictos; resocialización; encarcelamiento.
Introduction
Introduction of liberal European values into the everyday life of the
Ukrainian society necessitated modernization of criminal-executive
legislation. Created ideological principles, economic and political conditions
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CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 79-88
force the state authorities to search for updated forms of preventive activity
taking into account foreign experience. According to the State Criminal
Executive Service of Ukraine, the number of incentives applied to convicts
is three times smaller than the number of enforcement measures.
In view of individualization of criminal punishment, an important
tool in the process of serving this punishment are incentive measures that
encourage convicts to correct themselves and stimulate them to observe
proper behavior, therefore, such an institution of measures in criminal-
executive law needs improvement in accordance with international legal
standards.
1. Literature review
Ukraine, as a social and legal state, considers provision and protection
of human rights to be its main tasks. In recent years, the system of state
power and governance has undergone certain changes, including the
criminal-executive sphere of state power. The main task in this sphere is
to coordinate content of convicts’ rights and freedoms with international
standards. Now the main international instrument regulating these issues
is the European Prison Rules, which have been developed by the Council
of Europe and are being actively implemented in activities of developed
European states.
The nature of mass violations of human rights in places of imprisonment
is caused by non-observance of personal, civil, socio-economic, cultural
rights, which in the theory of criminal enforcement law belong to the
general ones, as well as by violations of special rights that arise in convicts
in connection with serving their sentence appointed by the court (Bezpalova
et al., 2021).
The problem of increasing the eectiveness of incentive inuence (in
particular by means of applying incentive measures to persons convicted
to punishment in the form of imprisonment) is caused by a considerable
number of factors of social, theoretical, legislative and practical nature
(Buha et al., 2022). In the social sphere, the need to study incentive
measures is connected with the fact that such positive incentives are an
important means of social adaptation of persons (Kolinko et al., 2021).
The UN Congress on the Prevention of Crime and the Treatment of
Prisoners developed and adopted the “Minimum Standard Rules for the
Treatment of Oenders”, which stipulate that each institution must have a
system of benets and develop dierent methods of treatment for dierent
categories of oenders in order to encourage them to behave well, develop
a sense of responsibility in them, instill in them an interest in re-education
and seek their cooperation in this sphere (Trubnikov, 2008).
82
Kateryna Bobrovnyk, Anton Dolhov, Yurii Svynarenko, Oleh Shkuta y Viktor Konopelskyi
International experience of correction and resocialization of convicts sentenced to imprisonment
When recognizing signicant contribution made to the sphere of
criminal law through conceptual research on the disclosure of international
experience in corrections and resocialization of convicts sentenced to
imprisonment, it is worth noting that such research has not been conducted
in recent years; and this determines topicality of this research topic.
2. Materials and methods
The research is based on the works of foreign and Ukrainian researchers
on methodological approaches of understanding principles of law as a
universal normative framework.
The essence of methodological approaches of understanding universal
human principles of law as a universal normative framework was
determined by the use of the gnoseological method; thanks to the logical-
semantic method, the conceptual apparatus was deepened, the essence of
the international experience of correction and resocialization of convicts
sentenced to imprisonment was determined.
By using the system-structural method, investigated were constituent
elements of methodological approaches to understanding the international
experience of correction and resocialization of convicts sentenced to
imprisonment. The structural-logical method was used to dene the basic
directions for optimization of methodological approaches to understanding
international experience of correction and resocialization of convicts
sentenced to imprisonment.
3. Results and discussion
According to part 1 of Article 130 the Criminal Executive Code of Ukraine,
the following incentive measures may be applied to persons deprived of
liberty (imprisoned) for a certain period of time, if they fulll duties laid
on them and observe the rules of conduct established by this Code and the
rules of internal order of the colony, observe of the rules of labor order and
the requirements of labor safety: appreciation; early removal of previously
imposed penalty; awarding a certicate of commendation; awarding of the
honorary title “best in behavior”, “active participant in amateur activities”,
etc.; payment of a monetary award; awarding a gift; transfer to improved
conditions of detention.
Granting permission to travel outside the colony for the purpose
of visiting relatives for up to seven days to convicts who are held in the
social rehabilitation wards of correctional colonies of minimum security
with general conditions of detention and medium security; provision of
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Vol. 40 Nº 75 (2022): 79-88
additional short-term or long-term dating; permission to spend additional
money for purchase of food and basic necessities in the amount of up to
fty percent of the minimum wage; increasing the duration of a walk for
convicts who are kept in areas of enhanced control of colonies and cell-type
premises of correctional colonies of the maximum security level, up to two
hours (Law of Ukraine, 2003).
It is clear that each state has its own socio-economic and political
dierences, but the problematic issues of correcting convicts with the help
of incentive measures are topical for any of them. Therefore, research of
the legislation of foreign countries on this issue and implementation of
certain provisions in the criminal-executive legislation and practice of
execution and serving punishment in the form of imprisonment is one of
the directions of improvement of the criminal-executive system of Ukraine.
If we consider incentive measures containing similar norms, we should
refer to the normative legal acts of post-Soviet countries. Considering the
incentive measures provided for convicts sentenced to imprisonment, we
should note that they have a certain similar list of measures provided for
in the Criminal Executive Code of the Republic of Belarus and the Criminal
Executive Code of the Russian Federation, but each list contains certain
dierences.
According to Article 110 the Criminal Executive Code of the Republic
of Belarus contains a similar list of incentives for persons sentenced to
imprisonment, but there are certain features:
• There is no such incentive as awarding a certicate of commendation
or awarding a gift.
• Duration of walk may be increased only by 1 hour; there are certain
incentives that are not provided for in the Criminal Executive Code
of Ukraine (in particular, incentives in the form of permission to
spend weekends, state holidays and public holidays declared by the
president of the Republic of Belarus as non-work days outside the
correctional colony-settlement may be applied to convicts serving
their sentences in correctional colonies-settlements as well as short-
term visits to close relatives lasting up to ve days without taking
into account the time required for travel there and back; transfer of
convicts from cell-type premises to ordinary living quarters) (Law
of Belarus, 2000).
The Criminal Executive Code of the Russian Federation in Article
113 has the following features: there is no an incentive as awarding of a
certicate of commendation and awarding of the honorary title “best in
behavior”, “active participant in amateur activities”, etc.; there are some
other incentives provided: convicts serving their sentences in penal colonies
settlements may receive an incentive measure in the form of permission to
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Kateryna Bobrovnyk, Anton Dolhov, Yurii Svynarenko, Oleh Shkuta y Viktor Konopelskyi
International experience of correction and resocialization of convicts sentenced to imprisonment
spend weekends and holidays outside the colony settlement; convicts may
be given a recommendation to replace the unserved part of their sentence
with a milder type of punishment after actually serving the part of the
sentence specied in the law; permission to additionally spend money in
the amount of up to one thousand ve hundred rubles to purchase food and
basic necessities (Leheza et al., 2021).
The incentives provided in these countries are almost similar to domestic
norms, however, their norms are designed not as encouraging ones
(incentives), but faster as empowering or permissive ones. However, the
two mentioned Codes contain provisions that resolve the issue of incentive
measures applied to persons sentenced to life imprisonment, in contrast to
the Criminal Executive Code of Ukraine
Since the legal status of persons sentenced to life imprisonment and
imprisonment for a certain period of time in the Republic of Belarus and
the Russian Federation is regulated by the same provisions of the law, all
incentive measures provided for persons deprived of liberty for a certain
period of time shall be applied to life prisoners as well, with the exception
of norms, when the law provides for a direct prohibition regarding
impossibility of applying a certain type of incentives (Ilina, 2010).
When considering incentive measures, which contain special provisions,
we note that an interesting means of inuencing a minor is the three-
stage system of incentives for convicts developed by the employees of the
Heinsberg prison (Germany).
Thus, the rst level (initial stage of serving the sentence) is characterized
by the fact that a convicted person shall have only a wall-mounted radio
receiver in his detention cell. If this convict behaves adequately, that is he
does not violate the conditions of detention, studies at school, then he is
transferred to the second step. This second step is characterized by the fact
a convict shall have the right to have a TV set in his detention cell (at his
own expense).
And nally, the third degree provides that a teenager shall have the right
to receive a music center and a computer in addition to a TV. If a convict
violates the detention regime, he shall be immediately transferred to a
lower level, losing the right to have the listed items in his detention cell. The
system has a computer variant (program): prison employees only record
behavior of convicts, enter the data into the computer, which immediately
determines at what stage this or that teenager should stay (Leheza et al.,
2022).
In Germany, important incentive and rehabilitation measures for the
execution of sentences for convicts consist in mitigation of punishment
in accordance with Article 11 of the Law on Execution of Sentences of
Imprisonment, which includes performing work outside the executive
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institution under supervision and without supervision, leaving the
executive institution for a certain time with accompaniment and without
accompaniment of an employee of the institution, as well as granting a
leave from places of imprisonment in accordance with Article 13 and Part 3,
4 of Article 15 (Law of the Federal Republic of Germany, 1871).
According to § 11 of the Law on Execution of Sentences of Imprisonment,
important rehabilitation measures during execution of punishment is
granting to convicts the right to work outside the penal institution under
supervision and without supervision. This type of employment of convicts
has certain positive consequences: personal awareness of the social
signicance of work performed; possibility of training and professional
training outside the institution. Work outside the penitentiary institution is
provided only to convicts who have demonstrated their readiness to achieve
the goal of serving their sentence (Leheza et al., 2018).
In accordance with Article 137 of the Criminal Executive Code of Poland,
such incentives as permission for a meeting with a loved person or a trusted
person outside the penitentiary institution for a period not exceeding
30 hours, and permission to leave the penitentiary institution without
supervision for a period not exceeding 14 days may be used if the behavior
of the respective convict while serving the sentence was such that there is
no doubt that being outside the institution this convict will comply with the
law and order. It is worth noting that one of the reasons for applying one of
the above-mentioned types of incentives consists in the presence of half of
the sentence served (Leheza et al., 2022).
Besides the general incentive measures (number of parcels, visits,
depending on the person convicted and phase) the Criminal Executive Code
of France provides for application of the following incentive measures to
convicts serving their sentence in juvenile correctional facilities (in case of
their excellent behavior, conscientious attitude to work and study, active
participation in the work of amateur organizations):
1) granting the right to attend cultural, educational and sports events
outside the correctional facility accompanied by employees of this
facility;
2) provision of the right to leave the juvenile correctional facility
accompanied by parents, persons who replace parents, or other
close relatives (in the case of minors); 3) early transition from strict
conditions of punishment to ordinary conditions, etc., (Leheza et al.,
2020).
All these measures can stimulate good behavior of convicts at a high
level. The rst two measures have a special inuence on minors, who
generally show interest in cultural, educational and sports events, as well as
in visiting other places of entertainment outside their juvenile correctional
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Kateryna Bobrovnyk, Anton Dolhov, Yurii Svynarenko, Oleh Shkuta y Viktor Konopelskyi
International experience of correction and resocialization of convicts sentenced to imprisonment
facility. The third incentive measure includes exemption from one of the
most severe disciplinary penalties.
If convicts are granted the right to attend cultural, educational and
sports events outside their juvenile correctional facility accompanied by
employees of this facility and the right to leave the facility accompanied
by parents, persons who replace parents, or other close relatives, they are
provided with civilian clothes.
The duration of going outside the juvenile correctional facility shall
be set by the head of the respective facility and cannot exceed 8 hours
(Malynyn, 2010). As we can see, the French legislation provides additional
incentive measures which promote the re-socialization of persons and
their development as individuals, which in its turn compensates for the
unembodied psychological aspects in adolescence.
Having analyzed a large array of acts, we can add that the criminal
legislation of most European countries provides for the possibility and
replacement of an uncompleted part of the punishment, and early release
on parole. And in our opinion, the list of incentive measures contained
in Article 130 of the Criminal Executive Code of Ukraine should be much
larger in order a convicted persons could receive a certain incentive for each
positive moment in his/her behavior, and in nally, after proving his/her
correction, he/she could be early released on parole (Leheza et al., 2022).
Conclusions
Thus, measures to encourage convicts should be considered as an
important component in the legal regulation of the process of execution and
service of punishment aimed at stimulating them to law-abiding behavior.
Presence of a considerable number of incentive measures contained in the
Criminal Executive Code of Ukraine makes it possible to dierentiate and
individualize them according to certain groups of convicts and types of
punishment.
However, the question arises as to the possibility of implementing
certain types of incentives, for example, as “granting permission to leave
the colony for the purpose of visiting relatives for up to seven days...”,
whether the employees of the penal institutions will apply such an
incentive, because when releasing a convicted person outside the borders
of the penal institution, the employee must be sure that nothing will happen
to the convict and he/she will return, since all responsibility for this or that
situation lies with the administration.
In foreign legislation the system of various types of measures stimulating
law-abiding behavior of convicted persons is clearly regulated; this system
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CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 79-88
allows to systematically and consistently change conditions of serving
punishment from hard ones to soft ones. This system consists of various
types of incentives, the content and essence of such incentives dier
depending on whether these measures are one-time or permanent (they
ease the legal status of convicted persons for a fairly long time)
In general, the system of stimulating the lawful behavior of an
imprisoned convicted person should be quite extensive and provide for
various types of moral and material stimulation, various opportunities to
renew ties with relatives and the society, which will ultimately contribute
to the achievement of the goal of punishment within a more optimal period
of time. The process of introducing types of incentives into real life and the
possibility of adopting certain foreign experience into national legislation
deserve a special attention.
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Esta revista fue editada en formato digital y publicada
en diciembre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 75
