The article analyzes the main regulatory legal acts of penal legislation governing the execution of sentences involving the deprivation of liberty for juveniles. It is noted that out of 166 articles of the Criminal Executive Code of Ukraine, only 16 directly address the legal status and conditions of detention for juvenile offenders. These articles list only certain regime elements that formally distinguish juvenile educational colonies from correctional ones; however, they do not reveal the substantial characteristics that define this difference. It is concluded that national legislation does not fully reflect the specifics of the detention regime in institutions for juvenile offenders.

The article presents data from monitoring group reports, which identified certain shortcomings based on visits to correctional institutions. In particular, it was found that convicted juveniles, while being in certain sections of the institution, are unjustifiably held in conditions of strict isolation combined with restrictions not provided for by the established punishment regime. Additionally, the administration of these institutions violates requirements related to ensuring properly equipped spaces for storing personal belongings, fails to provide juveniles with seasonally appropriate clothing and footwear in full, and does not maintain the required temperature conditions in living quarters, among other issues.

The article emphasizes the necessity of integrating the European “Barnahus” model into Ukraine’s penal system. It outlines the ten quality standards of the “Barnahus” model and separately examines the principle of ensuring the best interests of the child. The practice of the Supreme Court regarding the content of this principle is analyzed, with particular attention given to children’s rights as outlined in the Convention on the Rights of the Child, which may serve as fundamental principles for the functioning of the juvenile penal system. Finally, the article provides recommendations for implementing these principles in the activities of penal institutions and authorities concerning juvenile offenders.

Key words: correctional colony, pre-trial detention center, juvenile, convict, Barnahus, penal system, ensuring the best interests of the child, children’s rights.

References

1. Ukraine (2003), The Criminal and Executive Code of Ukraine : Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
2. Romanov, M. V. (2015), Lecture Notes on Criminal Executive Law, Kharkiv.
3. Burda, S. Ya. and Pryimak, I. V. (2023), “Execution and Serving of Sentences in the Form of Imprisonment by Juveniles: Criminal Law and Criminal Executive Aspects”, Scientific Journal of Lviv State University of Internal Affairs. Law, Iss. 1, рр. 36–41.
4. Ukraine (2018), On the Approval of the Internal Regulations of Penal Institutions : Order of the Ministry of Justice of Ukraine, Kyiv, available at: https://zakon.rada.gov.ua/laws/show/z1010-18#n323 (accessed 07.02.2025).
5. United States of America (1989), Convention on the Rights of the Child : Declaration of the United Nations General Assembly, New York.