The Supervisory Commission under the Chernihiv City Council reported on its work in 2011

The results of the activities of the Supervisory Commission of the Executive Committee of the Chernihiv City Council in 2011 were reported by its chairman, Stanislav Vikhrov. He recalled that the Supervisory Commission of the Executive Committee of the Chernihiv City Council was established by the decision of the Executive Committee dated July 20, 2010 No. 161. It consists of 17 people, including 6 representatives of public organizations of the city, 11 representatives of local self-government bodies and executive authorities.

In its activities, the Supervisory Commission is guided by the Constitution of Ukraine, the Criminal Code of Ukraine, the laws of Ukraine “On Local Self-Government”, “On Local State Administrations”, “On Social Adaptation of Persons Serving or Having Served Punishments in the Form of Restriction of Liberty or Deprivation of Liberty for a Certain Term”, and other regulatory legal acts of Ukraine.

In connection with the amendments to the Criminal and Executive Code of Ukraine, starting from February 16, 2010, “… the chairman, deputy chairman and members of the supervisory commission, who organize public control over the observance of the rights and legitimate interests of convicts during the execution of criminal sentences”, have the right to visit penal institutions without special permission to carry out control”. For this purpose, each member of the supervisory commission of the executive committee of the Chernihiv City Council has a certificate that gives him the right to visit penal institutions located on the territory of the city of Chernihiv.

The activities of the supervisory commission of the executive committee of the Chernihiv City Council in 2011 were aimed at implementing the following tasks:

– organization and implementation of public control over the observance of the rights, fundamental freedoms and legitimate interests of convicts and persons released from serving sentences;

– assisting bodies and institutions for the execution of sentences in the correction and resocialization of convicted persons and creating appropriate conditions for their detention, involving public organizations, executive authorities, local governments, enterprises, institutions and organizations regardless of ownership and citizens in this activity;

– organizing educational work with persons conditionally released from serving a sentence, and public control over their behavior during the unserved part of the sentence;

– providing assistance in social adaptation to persons released from serving a sentence.

The work of the supervisory commission in 2011 was carried out in accordance with the commission’s work plan for the year.

The organizational form of the supervisory commission’s work was meetings held once a month. Decisions were made collectively, by open voting.

Thus, in 2011, 12 meetings were held, of which 10 were held in the territory of penal institutions located in the city of Chernihiv, namely: 9 in Chernihiv Correctional Colony No. 44, one in the Chernihiv Department of the Criminal Enforcement Inspectorate, the rest in the premises of the Chernihiv City Council.

At the meetings of the Supervisory Commission of the Executive Committee of the Chernihiv City Council in 2011, 130 cases were considered and decisions were made on:

– conditional early release of convicts from serving their sentences (in accordance with Article 81 of the Criminal Code of Ukraine) – 51 persons;

– replacement of the unserved part of the sentence with a milder one (in accordance with Article 82 of the Criminal Code of Ukraine) – 28 persons;

– transfer to a social rehabilitation center – 12 persons;

– release of pregnant women and women with children under 3 years old (in accordance with Article 83 of the Criminal Code of Ukraine) – 3 persons;

– amnesty – 32 persons;

– not agreed – 4 persons.

In addition, the following issues were considered at the meetings of the supervisory commission of the executive committee of the Chernihiv city council:

– on the state of material, household and medical and sanitary support of convicts left in the Chernihiv detention center for work on economic services; – on the implementation of the right of convicts to general education and vocational training of persons serving a sentence in the Chernihiv penal colony No. 44; – on the progress of the implementation of the decision of the executive committee of the Chernihiv city council dated 15.12.2008 No. 339 “On approval of the list of types of work and facilities where persons sentenced to community service may serve their sentences”;

– on compliance by the administration of Chernihiv Correctional Colony No. 44 with the legislation of Ukraine on labor when involving convicts in community service;

– on compliance by the administration of Chernihiv Correctional Colony No. 44 with the legislation when placing convicts in a disciplinary isolator, cell-type premises, ensuring appropriate conditions of detention in a disciplinary isolator, cell-type premises and the legality of the grounds for applying measures of physical influence and special measures;

– analysis of the status of passporting of persons serving sentences in the form of deprivation of liberty in Chernihiv Correctional Colony No. 44;

– on compliance with the right of convicts in Chernihiv Correctional Colony No. 44 to proper medical and sanitary support.

In 2011, members of the Supervisory Commission of the Executive Committee of the Chernihiv City Council prepared and sent 135 letters and requests:

– to the Ministry of Justice of Ukraine – 5;

– to the prosecutor’s office, court – 22;

– to internal affairs bodies, the State Penitentiary Service of Ukraine and penal institutions – 66;

– to executive authorities and local self-government bodies – 16;

– to other organizations – 26.

During the year, a “public reception center” operated in Chernihiv Correctional Colony No. 44. Members of the supervisory commission of the executive committee of the city council personally received convicts, considered their applications, made decisions, provided legal assistance and consultations.

The issues that convicts addressed were diverse: these included requests to find relatives, assistance in obtaining a passport of a citizen of Ukraine, registration of citizenship or inheritance, assistance in preparing statements of claim to the court or complaints to the relevant authorities, and so on.

According to S. Vikhrov, 237 convicts were admitted during 2011.

Lawyers from executive authorities and local self-government bodies, lawyers from public and charitable organizations actively participated in the work of the public reception center.

For example, during the month of legal knowledge, which took place in April 2011, Chernihiv Correctional Colony No. 44 was visited by about 20 specialists. Among them: Kebets I.A. – Chief Specialist of the Main Department of Justice in Chernihiv Oblast, Aksion V.V. – Chief Specialist of the Chernihiv City Department of Civil Status Registration, Yevtushenko T.V. and Chernous Yu.M. – employees of the State Enforcement Service, Nevolko V.A. – Chief Specialist of the Notary Department of the Main Department of Justice in Chernihiv Oblast.

They answered numerous questions from convicted women regarding:

– changes in family and marital relations;

– divorce by women serving sentences in correctional colonies;

– the procedure for inheritance by will and law, registration of the right to inheritance, the procedure for confiscation of property and other issues.

Also, as part of the legal knowledge month, Chernihiv Correctional Colony No. 44 was visited by: member of the supervisory commission Marchuk I. P. – head of the Department of Labor and Social Protection of the Population of the Novozavodsk District Council in the city, Dibrova I. M. – deputy head of the Department – head of the Pensions Department of the Pension Fund of Ukraine in the Novozavodsk District of Chernihiv. They informed those present about the procedure for receiving financial assistance by mothers at the birth of children, receiving financial assistance by mothers who gave birth to children in places of deprivation of liberty and until the child reaches 3 years of age.

The convicts were informed of the conditions and procedure for obtaining state social assistance for persons who have been released from prison, have reached retirement age, but do not have the appropriate insurance experience, and the convicted women received answers to questions related to the procedure and conditions for obtaining a pension after serving their sentence, the conditions and procedure for counting work in prisons towards their total work experience.

Members of the supervisory commission, a lawyer from the charitable organization “Chernihiv Women’s Human Rights Center” Kropyva G.M. and Candidate of Law, Associate Professor of the Department of Criminal Law of the V. Stashys Institute of Law Badyr V.A. informed the convicted women about the procedure for applying parole, replacing the sentence with a milder one, and the procedure for releasing pregnant women and women with children under 3 years old from serving their sentence.

S. Vikhrov is convinced that legal assistance to women serving sentences in the Chernihiv Correctional Colony is extremely necessary, because it contributes to the formation of a legal culture in them, the development of the ability to use legal tools in practical activities, and will provide them with legal protection after release. The awareness of convicts remains a criterion for the formation of a legally mature person, which includes a conviction in the necessity and social usefulness of observing laws and other regulatory legal acts, the ability to use laws and other subordinate legal acts to protect their rights and legitimate interests.

“A person’s positive attitude and respect for the law, knowledge of the content of its norms and the ability to observe them, as well as lawful behavior will contribute to their return to an independent, generally accepted social and normative life after release,” the head of the supervisory commission believes.

On June 26, 2011, in Chernihiv Correctional Colony No. 44, through the efforts of members of the charitable organization “Chernihiv Women’s Human Rights Center”, the supervisory commission and the colony’s employees, a brain-ring “The Constitution of Ukraine – 15 Years” was prepared and held. Three teams of women held in Chernihiv Correctional Colony No. 44 took part in the final part of the intellectual game. Members of the charitable organization “Chernihiv Women’s Human Rights Center” prepared and presented prizes to the winners of the brain-ring. Representatives of the Department of the State Penitentiary Service of Ukraine in Chernihiv Oblast, the Main Department of Justice in Chernihiv Oblast, and the Chernihiv City Center for Social Services for Family, Children and Youth were present at this event.

Much effort is directed by members of the Chernihiv City Supervisory Commission to organize and conduct cultural and educational work in the city’s correctional institutions and to provide assistance to the institution administration in improving the conditions of detention of convicts.

Every year on New Year’s holidays, before Christmas, members of the Supervisory Commission prepare and present gifts to children held in the orphanage at the Chernihiv Women’s Colony, organize concert programs for convicts. As a rule, minors held in the Chernihiv Pre-trial Detention Center also receive gifts on St. Nicholas Day, New Year’s holidays and Easter. Priests of the local diocese almost always participate in such events.

It has become a good tradition to hold charity events for International Women’s Day on March 8, for the Day of the State Department of Ukraine for the Execution of Sentences, for the International Day for Protection of Children. Thus, by March 8, LG Electronics and PHILIPS TV sets were purchased for the convicts of Chernihiv Correctional Colony No. 44 with the collected charity funds, and three MOTOROLA radio stations for the employees.

On March 5, 2011, a concert was prepared and organized for the female convicts of Chernihiv Correctional Colony No. 44. The convicts were performed by dancers from the AELITA dance club – Kravchenko A. and Malets E., members of the KVN team “7*Ya” Milyaev S. and Shiroky A., singers Makashov S.Yu. and Matsak E.Yu.

By April 21, 2011 – the Day of the Establishment of the State Department of Ukraine for the Execution of Sentences (reorganized into the State Penitentiary Service of Ukraine on December 9, 2010), the leadership of Chernihiv Correctional Colony No. 44 was presented with computer equipment, and the leadership of Chernihiv Pre-trial Detention Center – with a television. A concert was organized and held for the employees of Chernihiv Correctional Colony No. 44 with the participation of the rock band “E-95” (leader Ivanova O.) and the youth theater “Anomaly” (leader Zhorov E.).

Every year by June 1, gifts are prepared and handed over to children held in the orphanage at the women’s colony: fruits, confectionery, hygiene products, toys and clothes. On June 3, 2011, a concert was held for the convicts of Chernihiv Correctional Colony No. 44, with the participation of performers Makarov S. and Shcherbina T., dancers of the sports dance club “Nika” – the Bronsky couple, artists of the sports and circus studio “Triumph”.

With the support of members of the supervisory commission of the executive committee of the Chernihiv City Council, a playground has been equipped in the courtyard of the orphanage of the correctional colony.

Members of the supervisory commission of the executive committee of the Chernihiv City Council participate in the preparation and holding of the Spartakiad every year on August 24, and the winners are awarded prizes.

According to Article 125 of the Criminal Code of Ukraine “General and vocational training of prisoners sentenced to imprisonment” in colonies, in accordance with the laws of Ukraine “On Education” and “On General Secondary Education”, prisoners can receive a complete general secondary education free of charge. 190 women study at the secondary school of Chernihiv Correctional Colony No. 44. In 2011, 23 prisoners graduated.

Members of the supervisory commission of the executive committee of the Chernihiv City Council prepared and presented gifts to women prisoners who graduated from school on the occasion of the Last Bell holiday.

One of the areas of work of the supervisory commission is providing assistance to persons who served prison sentences and were released from prison. They are regularly provided with various services: informational, socio-economic, socio-pedagogical, psychological, legal.

The charitable organization “Chernihiv Women’s Human Rights Center”, three members of which are members of the Chernihiv City Supervisory Commission, provides these individuals with free assistance with clothing and footwear, food, and helps them collect a package of relevant documents to obtain a passport and renew other documents.

To perform their official duties, employees of the Chernihiv City Department of the Criminal Enforcement Inspectorate are granted the right to free travel around the city of Chernihiv by city electric transport.

At the end of the speech, the head of the supervisory commission S. Vikhrov emphasized that only by combining the efforts of local governments, executive authorities and public organizations can the task of organizing public control over the observance of the rights of convicts in penal institutions, strengthening the rule of law, implementing the principles of justice, humanism, democracy, and equality of convicts before the law be solved.

The head of the commission believes that, in general, the supervisory commission of the executive committee of the Chernihiv City Council has coped with the main tasks set by the Resolution of the Cabinet of Ministers of November 10, 2010 No. 1042 “On Amendments to the Regulations on Supervisory Commissions”.

S. Vikhrov thanked all members of the supervisory commission for their work and expressed hope that it would be just as fruitful in 2012.