Legal grounds for justification of the legal status of the convicted as bearers of constitutional rights and freedoms

Abstract

The article analyzes the legal grounds for substantiating the legal status of convicts as holders of constitutional rights and freedoms, as well as the need for a comprehensive analysis of this issue from the point of view of the science of constitutional law of Ukraine. After all, such an approach acts as an important and necessary doctrinal basis for comprehensive improvement of penitentiary legislation and the practice of its implementation. However, on the basis of the analysis of the achievements of modern legal doctrine, the fact is stated that such studies are clearly lacking. Instead, the main attention is paid to the study of the rights and freedoms of persons serving a sentence within the framework of other legal sciences. The thesis is proved that a look at the mentioned problem from the point of view of the science of constitutional law of Ukraine will allow to reveal those fundamental and most important aspects that cannot objectively be revealed within the scope of the study of other legal sciences. So, in particular, it will make it possible to look at the existing rights, freedoms and duties of convicts critically and from the perspective of high constitutional standards in this area, as well as to form a scientific basis for the fundamental reform of the legal status of convicts and the internal organizational mechanisms for ensuring it.

On the basis of the analysis of the constitutional text, a conclusion is made about the substantial attention of the constitution maker to the legal position of convicts in Ukraine. Such an approach gives this status not only stability and certainty in today's conditions, but also a clear direction for the future. In this regard, it is noted that the formation of the constitutional-legal status of convicts is carried out not only thanks to the specific constitutional norms concerning these issues, but also thanks to the legal properties of the Constitution of Ukraine as a normative-legal act and the nature of the punishment, based on the appointment of which a person acquires the status of a convicted person.

Taking into account the above, a general conclusion is made that today there is every reason to talk about the constitutional and legal status of convicts in Ukraine, which is due to the fact that such persons are full bearers of constitutional rights and freedoms. In this regard, it is relevant to look at the mentioned problem from the point of view of the science of constitutional law of Ukraine.