Features of implementation of general and special guarantees of constitutional and legal status of convicts: problems of theory and practice

Abstract

Purpose of the work. The method of this research is a comprehensive study of the implementation of general and special guarantees of constitutional and legal status of convicts in Ukraine. Convicts in Ukraine, as in any other state, are a sufficiently specific category, the implementation of rights and freedoms, which are created in connection with the occurrence of a number of objective and subjective factors. The lack of scientific research that covered a comprehensive approach to all components of the constitutional and legal status of convicts determines the relevance of this study.

Methodological basis of the study. The work uses an analysis of legal and scientific literature, comparative law and systemic approaches to study the guarantees of the constitutional and legal status of convicts. Special attention was paid to the classification of guarantees into general and special, as well as their specific relationship. General guarantees are considered as the basis for the implementation of special, including political, economic, ideological and social aspects, while special guarantees are offered by legal, legal, regulatory and organizational mechanisms, supplemented by international legal and international organizational mechanisms.

Results. The role of general guarantees in creating the initial conditions for ensuring the legal status of convicts, in particular political, ideological and social components, is analyzed. It is established that economic and political guarantees ensure the functioning of the legal system and the implementation of special legal guarantees. It is determined that regulatory, organizational, international legal and international organizational guarantees are interconnected and form a holistic system for ensuring the rights and freedoms of convicts.

Conclusions. Convicts have a full-fledged constitutional and legal status, each element of which requires appropriate guarantees. Guarantees function as a purposeful system, within which a balance is ensured between general and special guarantees. Each group of players guarantees a decisive role in ensuring the implementation of all components of the constitutional and legal status of convicts. A comprehensive approach to their classification and interrelationship creates conditions for effective provision of the rights and freedoms of this category of persons.