Irpin’ penitentiary is for sale to the private sector. An expert comments upon the unlawfulness of the decision

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The information about the start of privatization of the first prison has appeared on the site of the Ministry of Justice of Ukraine. Irpin’ Correctional Centre (132) is the first object to be put up for a transparent auction. Currently, the Ministry of Justice and The State property fund of Ukraine (SPFU) are preparing the assets of the establishment, which territory amounts to 8.3 hectares of housing and public building grounds.

“Within the framework of “The great privatization of prisons” we are going to put up for a transparent auction the assets of 35 laid-up penal centres. Each of these centres, located all over Ukraine, has already stopped their principal activities. Maintaining shut non-efficient establishments is unprofitable for the state, as it entails annual charges in the amount of millions of hryvnias”, – informs Olena Vysotskam, vice-minister of justice.

According to her, the privatization of such frozen coorectional centres will not only rid the state of damages and favour income to the Ukrainian budget, but will also give the opportunity to build new modern penitentiaries according the European model. It will significantly improve the conditions for the prisoners and staff of State Criminal Executive Service of Ukraine (SCES) and secure the safety of the citizens.

Reference

Government institution “Irpin’ Correctional Centre (№132)” is situated in the very centre of urban-type settlement Kotsiubynske, within 6 km from the Kyiv’s metro station “Akademmistechko”. The institution ceased its principal activities in August, 2019. According to the deputy of The State property fund of Ukraine Taras Eleiko, “The object possesses great investment potential. The overall land plot area amounts to 8.3 hectares. It is provided with drain and water supply services, electricity etc. There is a branch railway line nearby, that allows a new owner to set a favourable logistics plan. Moreover, a new residential block is erected around the Centre, and a large park hereabouts facilitates good conditions for construction”.

“The transparent auction on the sale of the assets of Irpin’ penitentiary (№ 132) is expected in the middle of February. The object, opening price of which being 220.2 million hryvnias ($7,8 million), affords ground for the construction of business-centre, logistics park or housing block. It is expected to attract a vast array of investors”.

The address of the public office “Irpin’ penotentionary centre (№ 132)” is Kyiv region, Irpin’, urban village Kotsiubynske, 1 and 5 Zaliznychna Street. It is 2.8 km from Kyiv and 6.4 km from “Akademmistechko metro station”, 150 m from the public park, 120 m from “Bilychi” railway station and 650 m from the comprehensive school № 18. The building floor area amounts to 28 141,70 square kilometers. Plot gross floor area is 8.3 ha including housing and public building grounds. The institution is provided with water supply and sewage network.  Electric power is supplied by two substations: 700 and 490 kilowatt (kW).

An expert view

The expert on privatization and member of a social council affiliated with the State Property Fund of Ukraine Dmytro Kachur explained to UA-Times that currently Irpin’ Correctional Centre (№ 132) is not ready for privatization and anything done shall be considered illegal. “The State property fund of Ukraine’s standpoint is erratic.  In concordance with Article 4 of the Act of Ukraine on Privatization it is clearly stated that the property of the State Criminal Executive Service that directly enforces the performance of tasks and functions established by law is not subject to privatization”.

sAs far as I know, the penitentiary object is just laid-up. Firstly, it remains to be understood whether the state does not need this penal colony, which, provided it is frozen, will serve a reserve in case the police perform their duties more thoroughly and send all criminals to court. In my opinion, to be able to make use of part 3 of article 4 of the given law, it is necessary to shut down the establishment and transfer the management of the state property to the Ministry of Justice or the State property fund of Ukraine, and only afterwards prepare documents for privatization. Probably, not one year is to be needed”, – indicates Kachur.

The expert emphasizes that, according to the law, the property of public and local authorities, state establishments that are under the jurisdiction of pubic and local authorities, the Ministry of Defense of Ukraine, Security Office of Ukraine, State Border Guard Service of Ukraine, civil defense force, the State Service for Special Communication and Information Protection of Ukraine, State Criminal Executive Service, law-enforcement, tax and customs authorities is considered to be subject to privatization only if such property does not directly ensures the performance of the tasks, established by law, by the above-mentioned authorities.

Translated by Anna Vent

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