The Russian-Ukrainian war current evolution could not bypass such a vulnerable state institution as the penitentiary system of Ukraine. It is in this system that convicts, persons subject to pre-trial detention and convicts registered with the authorized probation authorities are held. In addition, the Russian-Ukrainian war has added another category to the penitentiary system functioning – the detention of prisoners of war of the Russian Federation.

During the period of serving their sentence, the penitentiary institutions personnel of the SCES of Ukraine, in accordance with their official duties, help the convict to go through three stages of social correction: socialization, resocialization and reintegration and to be released from detention places as a law-abiding citizen. At the same time, in the realities of the legal regime of martial law, when the penitentiary system of Ukraine shows signs of high vulnerability, there are a number of problems that, unfortunately, negatively affect the entire process of executing/serving a criminal sentence in the places of detention of the SCES of Ukraine.

Usually, Ukrainian scholars studying the places of detention of the SCES of Ukraine point out that these places of detention are indeed vulnerable, as they are used to house convicted persons who are serving their sentences for criminal offenses and who need financial, material, medical, legal, social and security support.

The article notes that the insufficient scientific elaboration of the functioning of the penitentiary system of Ukraine under the legal regime of martial law demonstrates the need for Ukrainian scholars to develop theoretical and practical proposals for reforming (developing) this public institution. In particular, this concerns: the commission of new criminal offenses by convicts and personnel of the SCES of Ukraine; creation of appropriate conditions for the employment of convicts in the SCES of Ukraine; optimization of the process of execution/service of a sentence of imprisonment for a fixed term by introducing social correction of convicts at all three stages: socialization, resocialization and reintegration; ensuring the right to security, health care and medical assistance, social protection of both convicts and personnel of SCES institutions; functioning of penitentiary camps for prisoners of war of the R.F., since they are under the jurisdiction of the Ministry of Justice of Ukraine, and ensure order and conditions

Based on the scientific analysis of the functioning of the penitentiary system of Ukraine, the following conclusions can be drawn: first, in view of the reform (development) of the penitentiary system of Ukraine, it is proved that the implementation of the reform in accordance with the strategy until 2026 is not optimistic, since the practical implementation by the bodies and penitentiary institutions of the SCES of Ukraine of all three stages of social correction of convicts in the places of detention of the SCES of Ukraine: socialization, resocialization and reintegration requires not only scientific but also legislative support; second

Key words: penitentiary system, personnel, places of detention, convicts, legal status, pre-trial detention centers, health care, community service, social correction, socialization, resocialization, reintegration, violence.

References

1. Bohatyrov, А. І. (2019), Anti-crime impact on crime among convicts in prisons in Ukraine : monograph, Publishing House “Helvetyka”, Kherson.
2. Kopotun, І. M. (2012), “Penitentiary Crime at the Present Stage of State Development”, Legal Reforms in Ukraine: Realities of the Present : рroceedings of the IV All-Ukrainian Scientific and Theoretical Conference (Kyiv, 11 October 2012), Educational and Research Institute of Law and Psychology of the National Academy of Internal Affairs, Kyiv, Part І, pp. 80–82.
3. The Criminal Executive Code of Ukraine (2021), LTD “VVP Notis”.
4. Shkuta, О. О. (2008), “Realization of the Right to Marry by Persons Serving a Sentence of Imprisonment”, Scientific Bulletin of Dnipro State University of Internal Affairs, № 4 (40), pp. 94–100.
5. Ukraine (2022), On Approval of the Strategy for Reforming the Penitentiary System for the Period up to 2026 and Approval of the Operational Plan for its Implementation in 2022–2024: оrder of the Cabinet of Ministers of Ukraine dated 16 December 2022, No. 1153-p, available at: https://zakon.rada.gov.ua/laws/show/1153-2022-%D1%80#Tex (accessed 4 March 2025).
6. Marchuk, V. T. (2023), “Issues of optimization of the process of execution/serving of life imprisonment in Ukraine”, The penitentiary system in the global dimension : proceedings of the International Penitentiary Forum (Kyiv, 3 November 2023), Torun, Lviv, pp. 80–82.
7. Convention for the Protection of Human Rights and Fundamental Freedoms (with Protocols) (European Convention on Human Rights), available at: https://zakon.rada.gov.ua/laws/show/995_004#Text (accessed 4 March 2025).
8. SBI detains ex-executives of Berdiansk penal colony who extorted money from prisoners, available at: https://dbr.gov.ua/news/dbr-zatrimalo-kolishnih-kerivnikiv-vipravnoi-kolonii-berdyanska-yaki-zhorstokimi-katuvannyami-vibivali-z-uvyaznenih-groshi (accessed 4 March 2025).
9. Mykhailyk, О. H. (2023), “Violence in the prisons of the Ministry of Justice of Ukraine: an urgent problem of our time”, The penitentiary system in the global dimension: proceedings of the International Penitentiary Forum (Kyiv, 3 November 2023), Torun, Lviv, pp. 87–90.
10. Bohatyrov, І. H. (2023), Prison in Ukraine in the XXI century (innovative model), Publishing House “Dakor”, Kyiv.