EDUCATION OF CONVICTS IN UKRAINE: COMPARATIVE ASPECT

Author (s): Anishchenko V., Olefir L., Lilikovych P.

Work place:

Anishchenko V.,

Doctor of Pedagogical Sciences, Professor,

Professor of Pedagogy and Professional

Ethics Department,

Penitentiary Academy of Ukraine,

Chernihiv, Ukraine

ORCID: 0000-0002-5062-3789

ResearcherID: AAC-5442-2021

Scopus-Author: ID57208032016;

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

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2025. № 1 (17): 142–158

https://doi.org/

Summary

The features of legal regulation of the educational process in penitentiary institutions of Ukraine are examined in the article, in particular in accordance with the provisions of the Criminal Executive Code, the Law of Ukraine “On Education”, resolutions of the Cabinet of Ministers and other regulatory legal acts. The analysis covers various forms of education: full-time, distance, part-time, external, pedagogical patronage and dual. Particular attention is paid to access to educational, scientific and information resources, including the Internet in a controlled mode, the use of online platforms such as All-Ukrainian School Online, iLearn, Prometheus, EdEra, etc.

The research emphasizes that the role of education in condition of deprivation of liberty goes far beyond the formal acquisition of knowledge. It helps to reduce recidivism, develop critical thinking, form new values and motivations for a law-abiding lifestyle, which is the basis for a person’s successful return to society. Education, according to international standards, should be aimed at the full development of the human personality and the formation of respect for human rights and fundamental freedoms (Article 26 of the Universal Declaration of Human Rights, European Prison Rules).

As part of the comparative analysis, the article examines the practices of educational activities in penitentiary institutions in European countries, in particular France, Germany and Albania. It is noted that in most European countries there are specialized training programs for different categories of prisoners: adults, women, juveniles, persons with disabilities, representatives of ethnic minorities, etc. In France, for example, up to 28,000 convicts are involved in educational courses every year, of whom more than 800 receive higher education, including by correspondence. In Albania, the educational process is based on an individualized program developed after an assessment of psychological, social, economic and cultural factors for each prisoner. In Germany, more than half of prisoners do not have a basic education, so there is an extensive support system in place: training is provided in specialized centers, with the involvement of specialists, according to an individual schedule.

The article also analyzes the current state of the organization of education in penitentiary institutions in Ukraine. As of January 1, 2025, in 77 institutions (including pre-trial detention centers), the general education process covered more than 2,100 people who did not have a complete secondary education. Of these, 2,036 people were actively involved in various forms of education. Minor students are provided with writing materials and limited but controlled access to the Internet for learning. Class schedules are set in accordance with the requirements of the regime and sanitary standards.

Especially important is the accessibility of non-formal education, which is implemented both through online resources and in cooperation with public, religious and charitable organizations. Programs focused on the development of life skills, psychological support, and the formation of assertive behavior contribute not only to professional growth but also to strengthening the moral and ethical attitudes of individuals. Such a comprehensive approach to education not only reduces the risks of negative influence of the criminal environment, but also supports the personal development of prisoners while serving their sentence.

Key words: penitentiary system, education of convicts, penitentiary institutions, correction, re-socialization, distance learning, non-formal education, legal regulation, criminal executive law, international standards, human rights.

 

References

  1. Ukraine (1996), The Constitution of Ukraine : Law of Ukraine dated 28.06.1996 № 254к/96-ВР, Vidomosti Verkhovnoi Rady, № 30, Art. 141.
  2. Ukraine (2003), Civil Code of Ukraine : Law of Ukraine dated 16.01.2003, Vidomosti Verkhovnoi Rady, № 40–44, Art. 356.
  3. Ukraine (2004), The Criminal and Executive Code of Ukraine : Law of Ukraine dated 11.07. 2003 № 1129-IV, Vidomosti Verkhovnoi Rady, № 3–4, Art. 21.
  4. Ukraine (2017), On Education : Law of Ukraine dated 05.09.2017 № 2145-VIII, available at: https://zakon.rada.gov.ua/laws/show/2145-19#Text (accessed 10.03.2025).
  5. Ukraine (2020), On Complete General Secondary Education : Law of Ukraine dated 16.01.2020 р. № 463–IX, available at: https://zakon.rada.gov.ua/laws/show/463-20#Text (accessed 10.03.2025).
  6. Standard Minimum Rules for the Treatment of Prisoners : UN rules dated 30.08.1955, available at: https://zakon.rada.gov.ua/laws/show/ 995_212#Text (accessed 10.03.2025).
  7. UN Universal Declaration of Human Rights : International document dated 10.12.1948, available at: https://zakon.rada.gov.ua/laws/show/995 _015#Text (accessed 10.03.2025).
  8. European Prison Rules Council of Europe : Recommendation Rec(2006)2-rev of the Committee of Ministers to member States, available at: https://zakon.rada.gov.ua/laws/show/994_032#Text (accessed 10.03.2025).
  9. Lysykh, О. S. (2019), “Current issues of the right to education of convicts”, Legal scientific electronic journal, pp. 203–205, available at: http://www.lsej.org.ua/2_2019/56.pdf (accessed 10.03.2025).
  10. World Prison Brief, World Prison Brief data, available at: http://www.prisonstudies.org/world-prison-brief (accessed 10.03.2025).
  11. Sikun, А. M. (2025), Legal regulation of labor of persons held in penitentiary institutions : Philosophy Doctor Thesis, Chernihiv.
  12. Pakhomov, І. (2023), “Vocational education of convicts in Albania”, The World of Scientific Research: materials of the International multidisciplinary scientific Internet conference (Ternopyl, Perevorsk, 16–17 March 2023), Iss. 17, Ternopyl, pp. 97–98.
  13. Ukraine (2025), On Approval of the Procedure for Organizing Complete General Secondary Education for Persons Sentenced to Imprisonment for a Fixed Term or Life Imprisonment, as well as for Juveniles in Custody : Resolution of the Cabinet of Ministers of Ukraine dated 25 June 2025 № 526, available at: https:// zakon.rada.gov.ua/laws/show/526-2020-%D0%BF#Text (accessed 10.03.2025).

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