Competence as a key element of the administrative and legal status of the subjects of ensuring the rights of citizens sentenced to imprisonment in Ukraine

Abstract

It has been proved that the main content element in the structure of the legal status of the subjects of ensuring the rights of persons sentenced to imprisonment is the competence, which in combination with the established tasks and functions provids a coherent idea about the content of the activity of any participant in the legal relations. The essence of the concept of “competence” has been revealed; the place and significance of competence within the structure of the administrative and legal status of the subjects of legal relations have been established. It has been established that a clear definition of the administrative and legal status of the main state and non-state subjects for ensuring the rights of the convicts and the proper legislative consolidation of the content of their main components become a necessary precondition for improving the effectiveness of the implementation, safe-keeping and protection of the rights of citizens convicted to criminal punishment in the form of imprisonment in Ukraine. It has been substantiated that the competence of the subjects of ensuring the rights of citizens convicted to imprisonment in Ukraine should be considered as such an element of their administrative and legal status, reflecting the legislatively defined range of powers aimed at carrying out the tasks and functions assigned to them in connection with the direct implementation of this activity to ensure, safeguard and protect the rights of citizens sentenced to imprisonment.

The main scientific approaches to determining the structure of competence as the key element of the administrative and legal status have been studieed. The analysis of peculiarities of administrative powers of the main subjects of ensuring the rights of persons sentenced to imprisonment in Ukraine has been analyzed. It has been emphasized that administrative powers (administrative rights and administrative duties) of the subjects of ensuring the rights of citizens convicted to imprisonment in Ukraine do not have the unique scope and content, since their totality, types and nature directly depend on the degree of involvement of each particular subject of ensuring the rights of persons sentenced to imprisonment in Ukraine, on the state mechanism of public administration, on the place in the general mechanism of the state, on the nature of the relationships with other agencies and officials, on the role in the implementation of specific areas of activity to ensure the rights of citizens sentenced to imprisonment in Ukraine, etc.