Genesis of the status of a convict in the times of the Austro-Hungarian Empire and the Ukrainian People's Republic

Abstract

The article examines the evolution of the status of convicts during different historical periods, particularly under the Austro-Hungarian Empire and the Ukrainian People's Republic (UPR). The study explores the specifics of Austria's criminal procedure legislation, its application in Galicia, and the legal status of convicts within the socio-political context. Key stages of the Austrian criminal process are described, including the implementation of the 1873 Code, which was enforced in Galicia. The author emphasizes peculiarities of punishment execution, such as capital punishment, and discriminatory approaches toward convicts of various ethnic backgrounds. The period of the UPR also features notable peculiarities in the legal regulation of convicts' status. Legislative acts issued by the Central Council, the government of Hetman Skoropadskyi, and the Directorate were often rendered ineffective due to frequent power changes and military-political instability. The author analyzes the impact of temporary directives, such as the “Instruction for the Military Revolutionary Court” and the “Law on Extraordinary Military Courts,” on the position of convicts and the specifics of the judicial process. The article illustrates how the status of convicts was shaped by legal, political, and social factors in different historical epochs, highlighting their influence on modern interpretations of the rights and obligations of this category of persons.