Вісник Харківського національного університету внутрішніх справ (Jul 2023)
The concept and current state of legal regulation on staffing of the State Criminal Executive Service of Ukraine
Abstract
Ukraine has been reforming the penitentiary system for several years in order to humanise and bring it in line with European standards, and even today, in the face of a full-scale Russian military invasion, the processes of transformation and improvement of this system in our country have not stopped, as evidenced by the emergence of an updated strategic course for further changes and development of the national penitentiary system. Over the past few years, important positive results have already been achieved on this path, but a number of problems remain unresolved, slowing down the reform process and the achievement of its goals. It has been noted that a proper transformation of the penitentiary system of Ukraine is impossible without improving the mechanism of the staffing of the State Criminal Executive Service of Ukraine, the effectiveness of which, in turn, depends on the state of legal regulation of the social relations which are part of the above-mentioned staffing process. Scientific approaches to the definition of the concept of legal regulation, understanding of its essence, characteristic features and role in the organisation of public life have been considered. The author’s own definition of legal regulation of staffing of the State Criminal Executive Service of Ukraine has been formulated. It has been emphasised that the central place in the regulation of relations concerning this staffing is assigned to administrative law, since these relations are mainly of a managerial nature. The state of legislative regulation on staffing of the State Criminal Executive Service of Ukraine has been analysed and its problematic aspects have been highlighted. It has been noted that there are no clearly defined conceptual foundations for the organisation and implementation of staffing of the State Criminal Executive Service of Ukraine at the legislative level. Attention has been drawn to the scattering of norms on the issues of the said staffing in legal acts of various levels. And the author presents his own vision of possible steps to improve the regulatory and legal framework for staffing the State Criminal Executive Service of Ukraine.
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