Personal and family life of convicts: what the new draft law will change
In pursuance of the Constitutional Court's decision in the case concerning the personal and family life of a person sentenced to life imprisonment, the mechanism for granting convicts short-term visits outside correctional and educational colonies will be improved.
The Ministry of Justice has prepared and the Cabinet of Ministers has submitted to the Parliament draft Law No. 12127 of 16.10.2024 «On Amendments to Article 111 of the Criminal Executive Code of Ukraine in connection with the Decision of the Constitutional Court of Ukraine of December 20, 2023 No. 11-r(II)/2023».
The document proposes amendments to Article 111 of the Criminal Executive Code of Ukraine, according to which, in case of death or serious illness of a close relative that threatens the patient's life, short-term trips outside the colony on the territory of Ukraine (except for the TOT) are allowed:
- convicts held in minimum security correctional facilities with lightened conditions of detention, social rehabilitation units of minimum security correctional facilities with general conditions of detention and social rehabilitation units of medium security correctional facilities and educational colonies - for a period not exceeding seven days (they travel to and from their destination independently);
- for other convicts - for a period not exceeding one day (they are transferred to and from their destination and guarded by colony guards).
It is also envisaged to grant permission for short-term departure taking into account the latest available assessment of the convict's behavior and the results of the latest available assessment of the risk of committing a repeat criminal offense.
At the request of the Verkhovna Rada Committee on Legal Policy, the National Association analyzed this legislative initiative and concluded that the draft partially solves the problems of protecting the personal and family rights of convicts, and the proposed changes effectively regulate the procedure for granting a convicted person a short-term exit permit.
The full text of the UNBA Committee on Criminal Law and Procedure's opinion is available here.
Popular news
Interaction
Advocates discussed possible areas of cooperation with the business ombudsman
Protecting the legitimate interests of businesses is a common area of work for advocacy and the Business Ombudsman Council. The former is an independent constitutional institution within the justice system, while the latter is an important element of the mechanism for responding to complaints from entrepreneurs.
Legislation
UNBA supported the draft law on restoring sovereignty
The Ukrainian people alone have the right to form state authorities. Delegating powers to form authorities to persons who are not citizens of Ukraine is contrary to the provisions of the Constitution.
Legal Aid
A new competition for FLA advocates has begun
A competition has been announced to select advocates who will be involved in providing free secondary legal aid. It will last until December 8, 2025, throughout Ukraine, except for Donetsk, Luhansk regions, and the Autonomous Republic of Crimea.
Guarantees of the practice of law
The CCBE called for the urgent ratification of the Convention on the protection of the profession of advocate
The Council of Bars and Law Societies of Europe (CCBE) has called on all states to sign and ratify the Council of Europe Convention on the protection of the profession of advocate as soon as possible, as the integrity of justice and trust in the rule of law depend on it.
Legal Aid
The Cabinet of Ministers supported the idea of expanding the circle of recipients of FLA
Orphans and children deprived of parental care aged 18 to 23 will be able to receive free secondary legal aid.
Guarantees of the practice of law
Illegal mobilization of an advocate: court requests documents from TCC
A preliminary court hearing was held in Zakarpattia in a case concerning the unlawful mobilization of an advocate. The defendant, the Territorial Center for Recruitment and Social Support, ignored the hearing. The court considered the plaintiff's motion to request evidence.
Discussion
Don't restore, create: Marina Stavniychuk on military courts in Ukraine
In Ukraine, it is not worth «restoring» military courts in the form in which they existed before 2010, as this contradicts the Constitution and European standards. It is necessary to create an independent model that will meet democratic standards, guarantee the independence of judges, and protect the rights of military personnel.
Guarantees of the practice of law
UNBA invites professional associations in the media sector to engage in dialogue
Discussions surrounding Law No. 4547-IX, which introduces administrative liability for publicly identifying an advocate with a client, have turned into a conflict of interpretations, creating the risk of artificial polarization between advocacy and the media.
Publications
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
