PHYSICAL, DYNAMIC AND PROCEDURAL SECURITY IN PLACES OF DEPRIVATION: INTERNATIONAL STANDARDS, ECHR PRACTICE AND UKRAINIAN CONTEXT
Author (s): Olefir L., Lilikovych P., Yevseienkov T.
Work place:
Olefir L.,
PhD in Law, Associate Professor Department of Formation and
Development Professional Competence of the Personnel of the State
Criminal and Executive Service of Ukraine,
Institute of Professional Development,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0003-4565-8968;
Lilikovych P.,
PhD in Public Administration,
Associate Professor of the Department of Formation and Development
of Professional Competence of the Personnel
of the State Criminal and Executive Service of Ukraine,
Institute of Professional Development,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0009-0007-7638-9445;
Yevseienkov T.,
Senior Lecturer of the Department of Formation and
Development Professional Competence of the Personnel of the State
Criminal and Executive Service of Ukraine,
Institute of Professional Development,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0003-0801-3490
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2026. № 1 (19): 142–155
https://doi.org/10.32755/sjcriminal.2026.01.142
The article provides a comprehensive analysis of physical, dynamic, and procedural security in places of deprivation of liberty through the lens of international standards, the case law of the European Court of Human Rights, and the contemporary Ukrainian context of penitentiary system reform. It substantiates that security in penal institutions cannot be reduced solely to perimeter control and the application of isolation-repressive measures; rather, it should be understood as an element of the State’s positive obligations to ensure human rights, in particular the prohibition of torture and inhuman or degrading treatment under Article 3 of the European Convention on Human Rights.
The study examines the provisions of the European Prison Rules, the Nelson Mandela Rules, documents of the United Nations and the Council of Europe, as well as key ECtHR judgments (Kudła v. Poland, Sukachov v. Ukraine, Karabet and Others v. Ukraine, Nevmerzhitsky v. Ukraine), which clarify the content of physical, dynamic, and procedural security. Based on materials from national and international monitoring bodies, the article highlights typical problems of Ukrainian places of detention, including outdated infrastructure, the predominance of a “force-based” response model, a deficit of dynamic security, and the insufficiency of effective procedural safeguards.
It is concluded that the three-component security model constitutes an effective tool for assessing the compliance of national penitentiary practice with international standards and should serve as a methodological foundation for further reforms aimed at combining an adequate level of security with respect for human dignity and the rights of persons deprived of liberty.
Key words: places of deprivation of liberty, physical security, dynamic security, procedural security, international standards, European Court of Human Rights, prohibition of torture, penitentiary reform in Ukraine.
References
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