92 MONITORING OF CUSTODIAL SETTINGS IN UKRAINE Regulatory deficiencies entailing human rights violations 1. Analysis of citizens’ petitions received by the Ombudsman during 2012 and of the reports on the results of NPM Department staff ’s monitoring visits to the institutions under Ministry of Internal Affairs, Ministry of Defense, Security Service, State Penitentiary Service, State Border Service and State Migration Service demonstrates substantial differences in the conditions and rules of holding in custodial settings. It should be noted that the principal difference in the rules of holding or enforcement of sentences in the named institutions is to pertain to the purpose and length of holding and to the specific status of each individual in the criminal or administrative process. At the same time the conditions of detention should differ minimally, while security measures must depend on the degree of an individual’s danger to the society and the threat to the national interests. However, the above named public authorities differently approach the regulation of detention conditions in their institutions and sometimes even apply unreasonable rules with regard to application of security measures. The legislation and agency regulations on the operation of custodial institutions contain major discrepancies in the lists of allowed items, belongings, foodstuffs and of the items to keep, buy, receive or make use of. 2. The provision of p. 4.4 of the Rules of holding of persons taken into custody and convicts is discriminatory, as such categories of prisoners are allowed to receive parcels and packages twice a month, while under the effective legislation the number of packages and (post) parcels for convicts held in penitentiaries is not limited. 3. Medical and sanitary support of penitentiary inmates fall under no regulation: the Ministry of Justice as far back as on June 4, 2004 annulled the decision on state registration of the Rules of medical and sanitary support of individuals held at penitentiary institutions of the State Department of Ukraine for Enforcement of Sentences, earlier approved by Joint Order No. 3/6 of this Department and Ministry of Health Care of Ukraine (of January 18, 2000). State registration of the regulation was annulled on the grounds of incompliance of its p. 6.1.4 with the requirements of the effective legislation. This provision prohibited remand prisons to accept patients with alcoholic psychoses and persons suffering from grave somatic or infectious diseases or illnesses of especially high risk, necessitating quarantine measures, characterized by high lethality, contagiosity or possible epidemic dissemination, inclusive of active tuberculosis.