The problem of security convicted persons in the custodial settings of the ministry of justice of Ukraine

The article explores the problem of defining the concept of security of convicted persons. The author analyzed the current normative legal acts, in particular, the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Enforcement Code of Ukraine, the Laws of Ukraine “On Pre-trial Detention”, “On Ensuring the Safety of Persons Participating in Criminal Procedure” and departmental by-laws - legal acts. The article presents the opinions of domestic scientists of penitentiary orientation regarding the content of the concept of security convicted persons in the custodial settings in the science of criminal enforcement law and the current legislation. The article identifies six forms of ensuring the right of convicts to personal security: determination by the administration of the criminal correctional facilities the criterion of personal security of convicts; legal regulation of the personal security of prisoners; the authorities using risk-management measures; further resolving the issue of the place of serving the convicted person; ensuring the safety of convicts in connection with their involvement in criminal proceedings. The author conducted a historical analysis of the formation and development of security issues of convicts in the normative acts of the Ukrainian Soviet Socialist Republic and independent Ukraine. The author argues that there are many reasons for the threats to the personal safety of prisoners in criminal correctional facilities. The article defines the concept of security convicted persons in the custodial settings - it is regulated by the current legislation and is provided by the staff of the bodies and criminal correctional facilities the protection of the rights and freedoms and legitimate interests of the prisoners while serving their sentences.