Ukraine: Government Approves Regulations on the Commission for Reviewing Complaints on Inadequate Conditions in Prisons

By Resolution No. 1549 of 31 December, the Cabinet of Ministers of Ukraine approved the Regulation on the Commission for Review of Complaints about Inadequate Conditions of Detention in Pre-trial Detention and Penitentiary Institutions.

The Regulation was approved as part of the new law No. 4093-IX, which came into force on 1 January 2025 (draft law 5652), according to which a convicted person, a member of his or her family or close relative, or a defence lawyer will be able to file a complaint with the Commission to establish the fact or duration of detention in inadequate conditions.

The task of the Commission is to establish the fact and/or duration of detention in inadequate conditions of persons taken into custody and convicted persons in pre-trial detention and penitentiary institutions.

The Commission is formed by the interregional department of the MoJ.

The Commission:

• considers appeals from persons taken into custody, convicts, members of their families or close relatives, and defence counsels regarding inadequate conditions of detention in institutions in order to restore their violated rights;
• instructs authorised members of the Commission to visit institutions in order to examine the state of compliance with the conditions of detention of persons taken into custody and convicts;
• makes a decision in which it establishes the presence or absence of the fact and/or duration of detention in inadequate conditions of persons taken into custody or convicted persons.

The Commission is entitled to:

• without special permission (accreditation), at any time freely visit institutions to monitor and inspect compliance with the conditions of detention of persons taken into custody and convicts (optionally accompanied by up to three medical professionals for medical examination of persons taken into custody and convicts, as well as up to two media representatives) freely, with maximum assistance from the staff and administration of the pre-trial detention or penitentiary facility;
• move around the territory of the facility;
• make audio, photo and video recordings, review reports, and carry out inspections submit written requests, check compliance with the law;
• appeal against unlawful actions (inaction) of officials and employees of the institution, demand immediate termination of such actions (inaction) and prosecution of the perpetrators (with further comprehensive written notification of the Commission on the measures taken (not taken) within 10 days from the date of receipt of the relevant request);
• communicate with any employees of the institution, persons taken into custody and convicts (including on the basis of anonymity).

The members of the Commission have no right to interfere at their own discretion in the official activities of the staff of the institutions, except in cases provided for by law.

The Commission consists of representatives of Interregional Department, supervisory commissions, public and/or charitable organisations, executive authorities, local self-government bodies, enterprises, institutions and organisations regardless of ownership, and individuals.

Representatives of supervisory commissions, public and/or charitable organisations and individuals shall constitute at least half of the Commission.

Judges, prosecutors, officers from the State executive service, pre-trial investigation bodies, advocates, persons with unspent or unexpunged convictions in accordance with the procedure established by law, persons who were previously held in custody, pre-trial detention facilities and/or served sentences in penitentiary institutions, as well as persons who were previously members of the Commission and whose powers were terminated early, may not be members of the Commission.

Members of the Commission may not exercise their powers if they are close relatives of persons taken into custody or convicted, as well as victims, witnesses, legal representatives or other persons who are or have been involved in criminal or other proceedings against them.

The chairman, deputy chairman and secretary of the Commission shall be elected at its first meeting from among the members of the Commission.

The number of members of the Commission is determined depending on the scope of work from 5 to 11.

The Chairman, Deputy Chairman and members of the Commission shall participate in its work on a voluntary basis.

The Commission is formed for a period of 3 years.

The Interregional Department informs through the media and on its official website about the termination of the Commission’s powers and the formation of a new composition no later than three months before the termination of powers, as well as about the early termination of powers by a member of the Commission.

Supervisory commissions, enterprises, institutions and organisations, regardless of their form of ownership, if they wish to include their representatives in the Commission, shall submit to the Interregional Department the relevant proposals or decisions of the organisation’s governing body.

Proposals are submitted in paper form and signed by the chairman of the supervisory commission, head of the enterprise, institution or organisation in person or in electronic form by applying a qualified electronic signature or an advanced electronic signature based on a qualified electronic signature certificate.

Individuals submit applications in paper form, signed in person, or in electronic form, signed by applying a qualified electronic signature or an advanced electronic signature based on a qualified electronic signature certificate.

The Interregional Department may invite representatives of the supervisory commission, enterprises, institutions and organisations, regardless of their form of ownership, and individuals to join the Commission.

A person taken into custody, a convicted person, a member of his/her family or close relative, or a defence counsel has the right to apply to the Commission with a statement to establish the fact and/or duration of detention in inadequate conditions.

The Commission shall immediately, but not later than two working days from the date of receipt of such an application, send a copy of the application to the administration of the institution.

Within five days from the date of receipt of the application, the Commission or members of the Commission authorised by the Chairman shall visit the relevant institution and examine the state of compliance by the administration of the institution with the conditions of detention of a person taken into custody or convicted person.

Within three days from the date of the visit, the Commission shall adopt a decision at its meeting, in which it shall establish the presence or absence of the fact and/or duration of detention in inadequate conditions of a person taken into custody or convicted person.

The Commission makes a decision by open vote by a majority of votes of its members present at the meeting. In the event of an equal distribution of votes, the vote of the chairman of the Commission is decisive.

The decision of the Commission is drawn up in a resolution (see appendix) signed by all members of the Commission. In case of disagreement with the decision made by the Commission, a member of the Commission may express his/her dissenting opinion in writing, which shall be attached to the minutes of the Commission meeting.

The Chairman of the Commission and members of the Commission shall be personally responsible for the legality of the decisions taken.

A copy of the Commission’s resolution shall be sent immediately, but no later than two working days from the date of its adoption, to the administration of the institution, the person taken into custody, the convict, his family member or close relative, or the defence counsel who have filed the relevant application.

Upon receipt of a copy of the Commission’s resolution establishing the fact and/or duration of detention in inadequate conditions, the administration of the institution is obliged to immediately take measures to prevent detainees or convicts from being held in inadequate conditions and inform the Commission of the results within ten days.

Measures to prevent detainees and convicts being held in inadequate conditions include:

1. Transfer to another living quarters (cell) with proper conditions of detention.
2. Transfer to another pre-trial detention facility or other penal institution.
3. Elimination of the reasons that make the conditions of detention inadequate by reducing the occupancy of the living quarters (cells), carrying out repairs, disinfection, pest control, etc.
4. Other measures necessary to stop detention in inadequate conditions.

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