Models of public administration of penitentiary systems in European Union Member States: criminal-executive and institutional principles of functioning

Abstract

The relevance of the study is substantiated by the need to reform the penitentiary system of Ukraine and to identify an optimal model for its institutional development in the context of European integration. Based on the synthesis of legislation and practice of the execution of criminal penalties in the EU Member States, the author has developed an original typology of public administration models in the penitentiary sphere. Four basic models are identified: 1) centralized (ministerial), characterized by a rigid vertical hierarchy; 2) the autonomous (executive) agency model, implying the operational independence of a specialized agency; 3) decentralized (federal), where management is exercised at the regional level; and 4) hybrid (asymmetric), which combines a state-wide system with autonomous jurisdictions. The advantages and disadvantages of each model are analyzed. It is established that a common European trend is the separation of policy-making functions (the prerogative of ministries) from operational management functions. The methodological basis of the study is a combination of general scientific and specialized research methods, including comparative-legal, formal-legal, and institutional analyses. The application of these methodological tools allowed for a deeper study of the European experience of penitentiary institutions. It has been shown that, regardless of the chosen organizational structure, the primary criterion for management efficiency is the state’s ability to ensure reliable, dynamic security, strict adherence to human rights standards, and the creation of the most favorable conditions for the successful social reintegration of offenders. Attention is given to the prospects of transforming the domestic penitentiary system. It is noted that the current Ukrainian penitentiary system retains signs of Soviet institutional inertia and excessive centralization. Based on the analysis, the expediency of the institutional transformation of the penitentiary system of Ukraine through the implementation of the autonomous (executive) agency model is substantiated. The study demonstrates that current Ukrainian legislation creates the necessary legal basis for the functioning of the penitentiary service as an autonomous central executive body accountable to the Ministry of Justice.