The Law Savchenko

The law of Ukraine "On amendments to the criminal code of Ukraine (concerning improvement of the order of reference by the court of the pretrial detention into the term of punishment)" from 26.11.2015, amendments to part 5 of article 72 of the criminal code, which stipulates that admission by the court of pre-trial detention in case of conviction to imprisonment within the same criminal proceedings in which the person was applied to pre-trial detention is made at the rate of one day of preliminary detention for two days of imprisonment.

The draft Law was submitted by the deputies of Ukraine: Savchenko N. In., Kozhemyakin A. A., Krulko I., Palamarchuk N. P., L. A. Yemets, A. I. Osuchowski
The rationale for the adoption of the draft law was officially launched that modern living conditions of detainees in detention centres are inappropriate. In particular, the chambers which contain people, often overcrowded and do not meet the minimum sanitary requirements.

According to the authors of the law these conditions demean the dignity of persons not yet found guilty of a crime. Person can be years in detention centers without imposing in respect of conviction, which is unacceptable, given the established constitutional presumption of innocence.

Well-known is the fact that the conditions of serving the punishment of persons found guilty, in correctional facilities of different security levels are better than the conditions of detention in remand centres, where persons who are only suspected of committing an offence. While according to international practice, conditions of detention during pre-trial detention cannot be stricter than the court-appointed punishment for a criminal offence.

The introduction of a provision on the increase in the coefficient of the offset time of detention in remand prisons for the punishment of deprivation of freedom is justified by the need to ensure social justice, the practical implementation of the principle of presumption of innocence, stopping the negative practice of prolonged detention in remand centres of persons during pre-trial investigation of criminal proceedings and discharge of domestic detention facilities, which simultaneously will improve conditions of stay of those persons which will be released after the adoption of the bill.

The purpose and objectives of the adoption of this bill were:
- the restoration of the rights and lawful interests of persons sentenced to deprivation of freedom, whose rights were significantly limited during detention;
- reduce time in detention facilities citizens under investigation and by the court;
- alignment to international standards of conditions of detention;
- significant reduction of terms of detention of persons in remand prisons;
- budget savings due to the reduction in the number of people held in pretrial detention centers.

In practice, this law may lead to different consequences:

- a further violation of the rights and legitimate interests of people in custody, as they are all ways to delay the process as long as possible in order to stay in poor conditions in pretrial detention facilities, hoping in the future to serve half of the outstanding term of imprisonment.
- to facilitate an increase in the terms of detention in remand centres citizens under investigation and by the court;
- the neglect of the bodies of execution of punishment conditions of detention on remand, as the granting them this indulgence actually legalizes inhuman conditions in the detention facility;
- significant increase in terms of detention of persons in remand prisons;
- increase the burden on the budget funds the jail, prosecution, courts and legal aid system in connection with the increase in the number of persons held in remand centres, and addictive process, not recognizing his obvious guilt.

Actually this law will help the little Savchenko, because it is contained in Russia and not in Ukraine and the question of its transfer to serve their sentence in Ukraine does not guarantee its immediate release (by law), however, many prisoners will leave prison much earlier than their years.