LEGAL BASIS OF CONVICTIONS OBTAINED BY CONVICTED PERSONS TO DEPRIVATION OF THE FREEDOM OF HIGHER EDUCATION IN UKRAINE

Abstract

The article analyzes the social profile of persons sentenced to imprisonment in Ukraine and substantiates the importance of such persons in obtaining higher education in modern conditions. Domestic criminal and executive legislation and legislation on education are described, as well as international documents in terms of regulating the acquisition of higher education by convicts. Emphasis was placed on the difficulties obtained by convicts in higher education due to the focus of Ukrainian legislation on providing such persons with the opportunity to receive a full general secondary and vocational education as a necessary condition for resocialization. The organizational and legal principles of realization of the right to higher education by convicts are revealed. In particular, the basics of the organization of external independent evaluation of learning outcomes for convicts are clarified. The existing experience of convicts sentenced to imprisonment in higher and distance learning is analyzed. The advantages and prospects of distance learning as one of the types of institutional education for higher education by convicts are substantiated. The problems that arise during the use of information and communication technologies in penitentiary institutions and lead to the inhibition of the development of distance learning are generalized. It is noted that their solution should begin with the improvement of legislation. Proposals for amendments to the domestic penitentiary legislation in terms of ensuring the implementation of prisoners' right to higher education, taking into account domestic practice of their education in higher education institutions, existing research and international documents to which Ukraine has acceded.