The dissertation provides a comprehensive scientific analysis of the organisational and legal framework for the functioning of the UK penitentiary system (second half of the 20th – early 21st century) based on modern legislation, taking into account the latest scientific and theoretical achievements in this area. It formulates theoretical generalisations and practical proposals that, in general, solve an important scientific task and are aimed at improving the reform of the penitentiary system in Ukraine.
It is analyzed and summarized existing Ukrainian and foreign doctrinal sources, the regulatory framework, analytical materials, and other relevant documents in the field of the UK penitentiary system.
It is revealed that the issues related to the functioning of the UK penitentiary system have been of scientific interest at various times not only among representatives of criminal executive law but also in other branches of law. Various aspects of ensuring the rights and freedoms of prisoners, penitentiary policy, and penitentiary system reforms have been most frequently covered in studies on criminology, criminal law, administrative law, and procedural law.
This work investigates the existing source base for studying the UK penitentiary system and proposes to distinguish three main aspects of its organisation:
Normative – the legal framework, official documents, and reports of authorised bodies.
Dogmatic – in different time periods, certain domestic scholars devoted their research to the source base of the British penitentiary system.
Institutional – a set of studies, reports, and statistical data prepared by research centres, universities, government agencies, and organisations, including the Ministry of Justice of the United Kingdom, Oxford University, the University of Cambridge, the London School of Economics and Political Science, the University of Birmingham, the University of Glasgow, and NGOs such as the Prison Reform Trust, the Howard League for Penal Reform, and The Koestler Trust.
It is established that the functioning of the UK penitentiary system is based on four fundamental principles: The principle of rehabilitation – the main purpose of the UK penitentiary system is to rehabilitate convicts and prepare them for reintegration into society. The principle of proportionality – the severity of punishment should be proportional to the crime, and sentencing decisions should be reasonable and based on objective criteria. The principle of individualisation – the UK penitentiary system emphasises an individual approach, with rehabilitation plans tailored to the needs and characteristics of each convict. The principle of responsibility – special emphasis is placed on the convict's responsibility for their actions. The dissertation analyses the legal regulation of the UK penitentiary system in the second half of the twentieth century – early twenty-first century and examines several key features: The activities of penitentiary institutions in the UK are regulated by a combination of precedents, rules of criminal, criminal procedural, and penitentiary law, the Prisons Act, and the Criminal Justice Acts and Prison Rules. The absence of a single codified act regulating the penitentiary system. Discretion in the distribution of administrative functions among state authorities and authorised officials. A conditional distribution of the legal force of special and related laws governing the penitentiary system. The development of a regulatory framework with consideration of the administrative and territorial structure.
The dissertation identifies two types of prisons in the UK based on ownership and management: Publicly owned prisons – managed by public or private entities. Privately owned prisons – managed by private companies and/or individuals. Similarities between the UK and Ukrainian penitentiary systems are identified and highlighted: The same territorial division of correctional institutions (local and national). A clear division of administrative and managerial functions in prisons. A hierarchy and subordination of penitentiary institutions to central executive authorities. Accountability to authorised officials.
It is proven that the following conditions are fundamental
