On February 11, 2015 Parliament of Ukraine has adopted as a basis the Draft Law №1154 "On Amendments to Several Legislative Acts of Ukraine (regarding activity of chaplains in the bodies and institutions belonging to the jurisdiction of the State Penitentiary Service of Ukraine)
The Draft law sets out the chaplaincy institution in the bodies and establishments that belong to the jurisdiction of the State Penitentiary Service of Ukraine to provide "pastoral care". The law proposes to supplement the Penal Code by Article # 128-1 "Organization of pastoral care of prisoners". It assumes to provide persons taken into custody the right to "pastoral care", laying out a new version of Articles 9 and 12 of the Law "On pre-trial detention". The Draft law also obliges the staff management of agencies and institutions of the State Penitentiary Service of Ukraine to assist the clergy (chaplains) in conducting measures of pastoral care with the staff, adding the relevant instructions to the Article 23 of the Law "On State Penal Service of Ukraine" .
This legislative initiative was developed in 2013 as a result of joint work of experts of the Parliament, of the State Penitentiary Service of Ukraine and interested denominations that are part of the All-Ukrainian Council of Churches and Religious Organizations.
The law is a significant step towards providing religious care in prison. However, the Church must defend the absolut protection and non disclosure of Sacrament of Reconciliation. Therefore, there should be a law that prohibits listen to and use Confessions content for any purpose.
The main scientific and expert management acted feedback about the Representative Body of Churches and religious organizations that provide pastoral care in prisons. At the stage of the second reading of the bill, there is a need to expand the authority of the State Penitentiary Service of Ukraine to create the Advisory Body of Churches to coordinate pastoral care of prisoners and the approval procedure of special training of clergy (chaplains). According to experts from the religious environment, without interfaith advisory body Penitentiary Service will be unable to implement international principles adopted on the religious care in the Standard Minimum Rules for the Treatment of Prisoners.
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