Social work with convicts of retirement age, the disabled and the elderly. Social work with convicts of retirement age, the disabled and the elderly Psychological support for suspected defendants and convicts
Social work in a correctional institution is a complex activity for the provision of material, moral, psychological, legal or other social assistance and support, the implementation of social protection of convicts, creating prerequisites for their correction during the period of serving their sentence and resocialization after release.
One of the most socially unprotected categories in a correctional institution are the disabled. They have a complex set of intractable social problems, needs that pose a threat to their equal existence in penal institutions, which they cannot resolve on their own. These convicts need various types of constant assistance (material, moral-psychological, medical, legal, penitentiary-pedagogical and other), support, protection. Social work with them is a priority and obligatory for a specialist, it acquires the character of support, comprehensive service involving doctors, psychologists, educators, representatives of social protection authorities. At the same time, it should be taken into account that the main of all social problems of the personal level - disability, for objective reasons, cannot be completely resolved, therefore, rehabilitation and educational activities should be supplemented with psychological help to change attitudes towards them and search for opportunities for self-compensation and self-realization in the current circumstances.
According to statistics, about 22,000 disabled people are serving sentences in the institutions of the penitentiary system of the Russian Federation, half of whom have disabilities of groups 1 and 2, among them the level of recidivism is quite high, amounting to more than 20%.
A large number of convicts with disabilities have chronic diseases or are often ill, half of them experience difficulties in household services, and 8.2% cannot do without outside help. An impressive part of the considered category of convicts are not only socially maladjusted, but also deprived of social ties.
The reasons why disabled people end up in places of deprivation of liberty are not different from the general mass of convicts. Among them, first of all, the commission of grave and especially grave criminal offenses. The following offenses prevail: infliction of grievous harm resulting in death, premeditated murder, robbery, robbery, crimes related to the illegal distribution of drugs, etc.
Disabled convicts serve their sentences in correctional institutions of various types and regimes. In most cases, these are persons who, before being convicted and entering places of deprivation of liberty, received an assessment of their working capacity and state of health from the state expert medical commissions at the place of residence. But there is also such a category of convicts who became disabled in the process of suppressing their criminal offenses and during the execution of criminal punishment. Examination of the latter is carried out in the process of serving a sentence by territorial expert medical commissions at the place of deployment of correctional institutions.
The execution of punishment in relation to these convicts has its own characteristics, due to the need to take into account the state of their health and physical capabilities. Correctional labor legislation provides for special conditions and benefits for them.
In all types of correctional institutions, with the exception of a correctional colony of a special regime for keeping convicts sentenced to life imprisonment and prisons, where all convicts are kept in cells, convicted invalids are kept in ordinary residential premises, where they are placed in detachments or brigades. Convicted invalids of groups I and II are provided with improved living conditions. As a rule, these can be separate premises where convicted persons with disabilities are accommodated.
The main problem in relation to the conduct of social work by convicted disabled persons in penitentiary institutions in one way or another is the manifestation of their social limitations:
1. Physical restriction, or isolation of a disabled person. This is due to either physical, or sensory, or intellectual and mental deficiencies that prevent him from moving independently or orienting himself in space.
2. Labor segregation, or isolation. Because of their pathology, an individual with a disability has very little or no access to jobs.
3. Low income. These people are forced to exist either on a low salary or on benefits that cannot be sufficient to ensure a decent standard of living for an individual.
4. Spatial-environmental barrier. The very organization of the living environment is not yet friendly to the disabled.
5. Information barrier. Disabled people find it difficult to obtain information both of a general plan and of value directly to them.
6. Emotional barrier. Unproductive emotional reactions of others about the disabled person. (footnote: Kuznetsov M.I., Ananyev O.G. Social work with convicts in a correctional institution: a textbook for beginners in social work of the penitentiary system - Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2006. - P. 61- 62.)
The social environment of the life of convicts with disabilities in correctional facilities has a number of factors that negatively affect the ongoing social work with them: a monotonous lifestyle; limited ties with the outside world; poverty of impressions; crowding, lack of living space; poor choice of activities; some dependence on others; long time of communication with the same persons; lack of intimate comfort; regulation of the activities of the correctional institution.
One of the most difficult social and legal problems is the social adaptation of disabled convicts released from correctional facilities after serving a criminal sentence in the form of deprivation of liberty. The solution of this problem is directly related to the issues of combating recidivism. The proportion of convicts with disabilities serving sentences in places of deprivation of liberty tends to increase. Of all the categories of those released, the disabled are the most problematic in this aspect. Significantly limits the rights of convicts, imprisonment, being the most serious type of criminal punishment, leads to their desocialization, the loss of socially useful skills and properties. Therefore, disabled people turn out to be the most vulnerable category not only in places of deprivation of liberty, but also after their release.
Thus, in terms of the severity of social problems and the ability to independently resolve them in a non-criminal way, convicted persons with disabilities in correctional institutions constitute a high-risk group. These people need constant social assistance (material, moral, psychological, medical, legal, pedagogical, etc.), support and protection. Social work with them is a priority and mandatory for a social work specialist, it acquires the character of support, comprehensive service with the involvement of other specialists. At the same time, it should be borne in mind that disability, for objective reasons, cannot be resolved definitively. Therefore, all activities of a specialist in social work with convicted disabled people in correctional institutions should be supplemented with psychological assistance to change attitudes towards them and search for opportunities for self-compensation and self-realization in the current circumstances.
11.3. The content and methodology of social work with disabled people in correctional institutions
All social work with convicts with disabilities during their stay in correctional institutions is carried out by its employees (primarily social workers, medical workers, commanders of detachments and psychologists). In Russia, social work in the penitentiary sphere as an independent type of professional activity began to take shape in 2001. This is due to the transformation of the penitentiary policy towards humanization, i.e. observance of the rights of convicts, ensuring optimal conditions for serving their sentences, returning to society.
Representatives of public organizations and religious denominations that assist in this work of the penal system can be involved in this work. Practice shows that the leaders, as well as the social, educational and medical services of the penitentiary institution, on the basis of cooperation agreements concluded with various organizations, first of all create opportunities for receiving social assistance from them for precisely the weakly protected categories of convicts, which include convicts with disabilities.
The main tasks of social work in a correctional institution are:
Organization and provision of social protection for all categories of convicts, especially those in need of it (pensioners, disabled people who have lost family ties, transferred from educational colonies, the elderly, suffering from alcohol or drug addiction, do not have a fixed place of residence, patients with incurable or incurable diseases);
Assistance in ensuring acceptable social and living conditions for serving a sentence;
Assistance in the social development of the convict, including increasing their social culture, developing social needs, changing normative-value orientations, increasing the level of social self-control;
Assistance to convicts in finding a socially acceptable environment for them, a point of social interest (work, family, religion, art, etc.).
Development and strengthening of socially useful ties between the convict and the outside world;
Assistance to the convict in obtaining the help of specialists.
The organization of social work with convicts with disabilities begins with the identification and registration of persons in this category. Studying them, it is necessary, first of all, to establish: the state of their health, the presence of work experience and the right to receive a pension after release, family ties, specialties, motivation and goals of life, the most characteristic mental states of behavioral anomalies.
Registration of disability pensions is carried out after the recognition of a convicted person as a disabled person, which is carried out in the manner prescribed by the Regulations on Recognizing a Person as a Disabled Person, approved by Decree of the Government of the Russian Federation of August 13, 1996 No. 965, and in accordance with the Classifications and temporary criteria used in the implementation of medical social expertise, approved by the Decree of the Ministry of Labor and Social Development and the Ministry of Health of the Russian Federation dated January 20, 1997 No. 1/30.
The medical and social examination of the convict is carried out upon his written application addressed to the head of the public service institution that regulates these issues. The application, referral and other medical documents confirming the violation of his health are sent by the administration of the institution where the convicted person is kept to the territorial institutions of the state service of medical and social expertise. In order to draw up an individual program for the rehabilitation of a disabled person, the examination of convicts in institutions of the state service of medical and social expertise is carried out in the presence of a representative of the administration of the correctional institution where convicts sent for examination are serving their sentences.
When a convicted person is recognized as a disabled person, a certificate of the MSEC of the established form is sent to the correctional institution and is stored in the personal file of the convicted person. An extract from the certificate of examination in an institution of the state service of medical and social examination of a convict recognized as disabled is sent within three days from the date of establishment of disability to the body providing pensions at the location of the correctional institution for the appointment, recalculation and organization of the payment of a pension. And an extract from the examination report on the results of determining the degree of loss of professional ability to work, the need for additional types of assistance, is sent to the correctional institution and is kept in the personal file of the convict. In case of release from a correctional institution of a convict whose disability has not expired, a certificate of MSEC is issued to him in his hands.
The payment of pensions assigned to those sentenced to deprivation of liberty is made from the date of the verdict, but not earlier than July 1, 1997, and in all cases not earlier than the day from which the pension was assigned.
In order to organize the payment of pensions to convicts who received a pension before conviction, the administration of the correctional institution sends to the body providing pensions a list and a certificate for each convict about his stay in the correctional institution. The body providing pensions checks the information indicated in the list, if necessary, requests pension files and other documents required to open the payment.
After the disabled person is released from places of deprivation of liberty, the pension file is sent to his place of residence or to the place of stay at the request of the body providing pensions, based on the application of the pensioner, a certificate of release from places of deprivation of liberty and a registration document issued by registration authorities. And after all the necessary documents are collected and executed, he will again receive a pension.
In working with convicted disabled people, a social work specialist relies on their inherent positive qualities (their experience, knowledge, general erudition, etc.) in order to neutralize the negative features of diseases. This can be achieved if we proceed from the basic principle of social work with this category of convicts - to make their life active. Since disabled people pay special attention to the state of their health and try to find means to maintain it, it is important to organize a series of lectures and talks on medical and social topics. Corners or stands with special medical and educational literature, clippings from periodicals, health education posters designed for convicted disabled people can be equipped in the club of the correctional institution, the library, in the detachments: “How to maintain health”, “How to cope with a serious illness” , “The society needs your experience and knowledge”, etc.
Health education is an integral and integral part of the activities of the medical service, carried out in close cooperation with educational, cultural, mass and social work. Since an important aspect of the entire work of the correctional institution is that a person must return to society who will be able to independently adapt to the conditions after release. Sanitary and educational work is carried out using various forms and methods: lectures, conversations, consultations, loud reading of literature and radio broadcasting, issuance of health bulletins, wall newspapers, memos, the use of posters, slogans, slides, filmstrips, photo exhibitions, film demonstrations, etc.
When choosing a job for convicted disabled people, it should be borne in mind that when choosing a profession, the role of working conditions increases, that disabled people of groups I and II are involved in work only at their request. Effective labor rehabilitation of convicted disabled people is achieved by maintaining a measured labor rhythm that does not allow emergency work, assaults, arrhythmias in production activities.
The organization of social and hygienic measures includes constant monitoring of the health of convicted disabled people, medical care, and the prevention of psychopathological deviations by engaging convicted disabled people in socially useful activities.
From the point of view of health prevention for this category of convicts, drastic changes in lifestyle due to the transition to another type of work activity or release from work due to illness are unacceptable. Such drastic changes cause states of stress that the body cannot always cope with. Involvement, taking into account the state of health, in any types of socially useful activities: assignments for participation in socially useful works without pay, provision of paid work on a part-time basis. Involvement in the work of amateur organizations. Attachment to the implementation of one-time assignments. Appointment of responsible persons from among them for any specific area of work on a voluntary basis.
It is effective to create self-help groups by social work specialists and ensure the activities of assigned convicts from the social assistance section to serve convicted disabled people who can participate in activities to ensure proper household, sanitary and hygienic and other necessary things for disabled people.
To maintain a certain level of functioning of the intellect, it is important to involve disabled convicts in the work of self-education. The preservation of psychophysical functions is achieved by feasible activity and occupational therapy, the development of intellectual interests, and the constant expansion of erudition.
Employees should teach disabled people how to organize their leisure time, which they will need in freedom, especially those who will be sent to homes for the elderly and disabled. The organization of free time and leisure of convicted disabled persons should pursue two goals: the creation of the best conditions for the restoration of physical and mental energy and the maximum occupation of free time by activities that contribute to the development of their public interests. To do this, convicts with disabilities are involved in mass cultural work, participation in amateur performances, design of visual agitation, the work of the editorial board, propaganda of books, repair of the existing book fund, self-education. It is also advisable to involve the category in question in a feasible physical education and sports (competitions in chess, checkers, arm wrestling, etc.).
The organization and implementation of preventive measures with them, including, along with measures of a purely medical nature, also socio-psychological and socio-pedagogical measures, is also of no small importance for preparing this category of convicts for life in freedom.
Special attention should be paid to the psychological and practical preparation of convicted persons with disabilities for release from the penitentiary.
With persons who do not have families and relatives, preparatory work is being carried out to send them to nursing homes and disabled people after their release from the penitentiary. It is important not only to properly draw up the relevant documents, but also to tell the convicts what these institutions are, what is the order of life there. There are special rules and rules of conduct that must be followed. It is important to clarify that in institutions of this type there is constant control over the observance of the procedure for the movement of wards by the management, doctors, and a police officer on duty.
It should be noted that in order to provide disabled people released from correctional facilities with appropriate clothing and footwear, measures are being taken to distribute and ensure the receipt of various types of assistance coming from various non-governmental organizations.
With regard to those who cannot be sent to nursing homes, in the absence of family and relatives, measures must be taken to provide them with a home or guardianship after their release from the penitentiary. Persons with disabilities who, after release, are not able to independently go to their place of residence, must be accompanied by employees of the medical service.
Of great importance in the organization of social work in general, in the correctional institution of the penal system of the Ministry of Justice of Russia for the preparation of convicts for release, is the legal consolidation of this activity. The preparation of convicts for release is legislatively enshrined in Chapter 22 of the Penitentiary Code, which is entitled “Assistance to convicts released from serving their sentences and control over them”, including convicted invalids.
Preparation for the release of persons serving sentences in correctional institutions begins no later than 6 months before the end of the term of imprisonment.
The preparation of convicts for release includes several stages:
1. Accounting for convicts who are released at the end of their sentence;
2. The main element in the preparation of convicted persons with disabilities for release from the penitentiary is documentation. This is the provision of convicts released from the penitentiary with all the necessary documents. The main document, without which it is impossible to resolve any issue related to the resocialization of the convict, is the passport of a citizen of the Russian Federation. Issues of obtaining passports are relevant for all categories of those who have lost for various reasons.
3. Restoration of socially useful connections of convicts (for this purpose, sending inquiries to the police department, correspondence with relatives, etc.). Of particular importance is the interaction of a social work specialist with the heads of detachments, as well as employees of other departments of the correctional institution;
4. Drawing up individual conversations with each person who is released, during which life plans for the future are clarified. In addition, the order of employment, the rights and obligations of citizens during the search for work are explained, questions of household arrangements, etc. are clarified;
5. Registration of social cards for each convict with its mandatory issuance upon release. Both specialists of the administration of the penitentiary institution and other services participate in the compilation of the social map. The cards are drawn up in order to ensure a complete record of persons released from the institution for submission to local governments, institutions for employment of the population, social protection of the population, health care and other institutions and organizations at the place of residence;
6. Payment for the travel of the convict to the place of destination upon release. If necessary, escort to the train and the purchase of travel documents are provided;
7. Development of methodological materials containing the information necessary for those who are exempt on social services, medical care, paperwork (passport, disability, registration at the place of residence), employment, social support. This methodological material allows a person released from an institution executing punishment to form certain knowledge about social reality.
9. It is also necessary to identify convicts who have the right to receive a pension, and take timely measures to ensure their pension provision after release. Pension legislation distinguishes two types of disability pensions: labor pensions; state pensions.
The main documents that a social work specialist needs to prepare for the appointment of pensions:
The statement of the convict;
Passport of the convict;
Certificates confirming the place of residence or actual residence of a citizen on the territory of the Russian Federation;
Insurance certificate of state pension insurance;
Documents on labor activity - work book; certificate of average monthly earnings for periods of activity for calculating the amount of pension provision;
Documents on the establishment of disability and the degree of limitation of the ability to work;
Information about disabled family members, death of the breadwinner; confirming kinship with the deceased breadwinner; that the deceased was a single mother; about the death of the other parent;
Other documents (their submission is possible if necessary). The social work specialist draws up the necessary documents and sends them to the bodies providing pensions, exercises control over the timely transfer of pensions and takes measures to eliminate deficiencies. If the convicted person does not have a work book and other documents necessary for the appointment and recalculation of a pension, requests are sent to search for these documents. If it is not possible to confirm the work experience or there is no work experience, a state social pension is assigned upon reaching the age of 65 for men and 55 for women, or a state social disability pension.
An important formal element aimed at the successful resocialization and social adaptation of a convicted disabled person who is released from a penitentiary is the preparation and issuance of a "Memo to the Released". Its structure may include: advice from a psychologist; rights and obligations of released citizens; information about the release procedure; information about the employment service; on pension provision; about going to court; on the provision of possible medical assistance; useful information (about free canteens, overnight stays, social assistance services, dispensaries, helplines, passport services, etc.)
Thus, social work with convicted invalids in correctional facilities is a logically built system of social measures. At the same time, the practical preparedness of disabled people for release is of great importance. Its effectiveness is essential in addressing issues of social and labor rehabilitation and their social adaptation to life in freedom.
All social work with convicts with disabilities during their stay in correctional institutions is carried out by employees of the correctional institution (primarily social workers, medical workers, heads of detachments and psychologists). In Russia, social work in the penitentiary sphere as an independent type of professional activity began to take shape in 2001. This is due to the transformation of penitentiary policy towards humanization, i.e. observance of the rights of convicts, ensuring optimal conditions for serving their sentences, returning to society.
Representatives of public organizations and religious denominations that assist in this work of the penal system can be involved in this work. Practice shows that the leaders, as well as the social, educational and medical services of the penitentiary institution, on the basis of cooperation agreements concluded with various organizations, first of all create opportunities for receiving social assistance from them for precisely the weakly protected categories of convicts, which include convicts with disabilities.
The main tasks of social work in a correctional institution are:
- ? organization and provision of social protection for all categories of convicts, especially those in need of it (pensioners, disabled people who have lost family ties, transferred from educational colonies, the elderly, suffering from alcohol or drug addiction, do not have a fixed place of residence, patients with incurable or incurable diseases);
- ? assistance in ensuring acceptable social and living conditions for serving a sentence;
- ? assistance in the social development of the convict, including improving their social culture, developing social needs, changing normative-value orientations, increasing the level of social self-control;
- ? assistance to convicts in finding a socially acceptable environment for them, points of social interest (work, family, religion, art, etc.);
- ? development and strengthening of socially useful ties between the convict and the outside world;
- ? assistance to the convict in obtaining the help of specialists.
The organization of social work with convicts with disabilities begins with the identification and registration of persons in this category. First of all, it is necessary to establish: the state of their health, the presence of work experience and the right to receive a pension after release, family ties, specialties, motivation and life goals, the most characteristic mental states, behavioral anomalies.
Registration of disability pensions is carried out after the recognition of a convicted person as a disabled person, which is carried out in the manner prescribed by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as disabled”. The medical and social examination of the convict is carried out upon his written application addressed to the head of the public service institution that regulates these issues. The application, referral and other medical documents confirming the violation of his health are sent by the administration of the institution where the convicted person is kept to the territorial institutions of the state service of medical and social expertise. In order to draw up an individual program for the rehabilitation of a disabled person, the examination of convicts in institutions of the state service of medical and social expertise is carried out in the presence of a representative of the administration of the correctional institution where convicts sent for examination are serving their sentences.
When a convicted person is recognized as disabled, a certificate of the MSEK of the established form is sent to the correctional institution and stored in the personal file of the convicted person. An extract from the certificate of examination in an institution of the state service of medical and social examination of a convict recognized as disabled is sent within three days from the date of establishment of disability to the body providing pensions at the location of the correctional institution for assigning, recalculating and arranging the payment of a pension. And an extract from the examination report on the results of determining the degree of loss of professional ability to work, the need for additional types of assistance is sent to the correctional institution and kept in the personal file of the convict. In case of release from a correctional facility of a convict whose disability period has not expired, the MSEC certificate is issued to him in his hands.
The payment of pensions assigned to those sentenced to deprivation of liberty is made from the day of the verdict, but not earlier than July 1, 1997, and in all cases not earlier than the day from which the pension was assigned. In order to organize the payment of pensions to convicts who received a pension before conviction, the administration of the penitentiary sends to the body providing pensions a list and a certificate for each convict about his stay in a correctional institution. The body providing pensions checks the information indicated in the list, if necessary, requests pension files and other documents required to open the payment.
After the disabled person is released from places of deprivation of liberty, the pension file is sent to his place of residence or to the place of stay at the request of the body providing pensions, based on the application of the pensioner, a certificate of release from places of deprivation of liberty and a registration document issued by registration authorities. And after all the necessary documents are collected and executed, he will again receive a pension.
In working with convicted disabled people, a social work specialist relies on their inherent positive qualities (their experience, knowledge, general erudition, etc.) in order to neutralize the negative features of diseases. This can be achieved if we proceed from the basic principle of social work with this category of convicts - to make their life active. Since disabled people pay special attention to the state of their health and try to find means to maintain it, it is important to organize a series of lectures and talks on medical and social topics. Corners or stands with special medical and educational literature, clippings from periodicals, health education posters designed for convicted disabled people can be equipped in the club of the correctional institution, the library, in the detachments: “How to maintain health”, “How to cope with a serious illness” , “The society needs your experience and knowledge”, etc.
Health education is an integral and integral part of the activities of the medical service, carried out in close cooperation with educational, cultural, mass and social work, since an important aspect of the entire work of a correctional institution is that a person who can independently adapt to conditions after liberation. Sanitary and educational work is carried out using various forms and methods: lectures, conversations, consultations, loud reading of literature and radio broadcasting; issue of sanitary bulletins, wall newspapers, memos; the use of posters, slogans, transparencies, filmstrips, photo exhibitions, film demonstrations, etc.
When choosing a job for convicted disabled people, it should be borne in mind that when choosing a profession, the role of working conditions increases, that disabled people of groups I and II are involved in work only at their request. Effective labor rehabilitation of convicted disabled people is achieved by maintaining a measured labor rhythm that does not allow emergency work, assaults in production activities.
The organization of social and hygienic measures includes: constant monitoring of the health of convicted disabled people, medical care, prevention of psychopathological deviations by engaging convicted disabled people in socially useful activities. From the point of view of health prevention for this category of convicts, drastic changes in lifestyle due to the transition to another type of work activity or release from work due to illness are unacceptable. Such drastic changes cause states of stress that the body cannot always cope with, involvement, taking into account the state of health, in any type of socially useful activity - assignments to participate in socially useful work without pay; provision of paid part-time work; involvement in the work of amateur organizations; involvement in the implementation of one-time assignments; appointment of responsible persons from among them for any specific area of work on a voluntary basis.
It is effective to create self-help groups by social work specialists and ensure the activities of assigned convicts from the social assistance section to serve convicted disabled people who can participate in activities to ensure proper household, sanitary and hygienic and other necessary affairs for disabled people.
To maintain a certain level of functioning of the intellect, it is important to involve disabled convicts in the work of self-education. The preservation of psychophysical functions is achieved by feasible activity and occupational therapy, the development of intellectual interests, and the constant expansion of erudition.
Employees should teach disabled people how to organize their leisure time, which they will need in freedom, especially those who will be sent to homes for the elderly and disabled. The organization of free time and leisure of convicted disabled persons should pursue two goals: the creation of the best conditions for the restoration of physical and mental energy and the maximum occupation of free time by activities that contribute to the development of their public interests. To this end, convicts with disabilities are involved in mass cultural work, participation in amateur performances, design of visual agitation, the work of the editorial board, propaganda of books, repair of the existing book fund, and self-education. It is also advisable to involve the category in question in a feasible physical education and sports (competitions in chess, checkers, arm wrestling, etc.).
The organization and implementation of preventive measures with them, including, along with measures of a purely medical nature, also socio-psychological and socio-pedagogical measures, is also of no small importance for preparing this category of convicts for life in freedom. Special attention should be paid to the psychological and practical preparation of convicted persons with disabilities for release from the penitentiary.
With persons who do not have families and relatives, preparatory work is being carried out to send them to nursing homes and disabled people after their release from the penitentiary. It is important not only to properly draw up the relevant documents, but also to tell the convicts what these institutions are, what is the order of life there. There are special rules and rules of conduct that must be followed. It is important to clarify that in institutions of this type there is constant control over the observance of the procedure for the movement of wards by the management, doctors, and a police officer on duty. It is advisable to read letters from convicts who were previously released and sent to these homes.
It should be noted that in order to provide persons with disabilities released from correctional facilities with appropriate clothing and footwear, measures are being taken to distribute and receive various types of assistance from various non-governmental organizations.
With regard to those who cannot be sent to nursing homes, in the absence of family and relatives, measures must be taken to provide them with a home or guardianship after their release from the penitentiary. Persons with disabilities who, after release, are unable to independently go to their place of residence must be accompanied by employees of the medical service.
Of great importance in the organization of social work in general in the correctional institution of the penal system of the Ministry of Justice of Russia for the preparation of convicts for release is the legal consolidation of this activity. The preparation of convicts for release is legislatively enshrined in Chapter 22 of the Penal Code of the Russian Federation, which is entitled “Assistance to convicts released from serving their sentences and control over them”, including convicted disabled people. Preparation for the release of persons serving sentences in correctional institutions begins no later than six months before the end of the term of imprisonment. The preparation of convicts for release includes several stages.
- 1st stage. Accounting for convicts released at the end of their sentence.
- 2nd stage. Documentation (providing convicts released from the penitentiary with all the necessary documents). This is the main element in the preparation of convicted persons with disabilities for release from the penitentiary. The main document, without which it is impossible to resolve any issue related to the resocialization of the convict, is the passport of a citizen of the Russian Federation. Issues of obtaining passports are relevant for all categories of those who have lost for various reasons.
- 3rd stage. Restoration of socially useful connections of convicts. For this purpose, requests are sent to the police department, correspondence is maintained with relatives, etc. In this case, the interaction of a social work specialist with the heads of detachments, as well as employees of other departments of the correctional institution, is of particular importance.
- 4th stage. Conducting individual conversations with each released person. During the conversation, life plans for the future are clarified. In addition, the procedure for employment, the rights and obligations of citizens during the search for work are explained, issues of household appliances, etc. are clarified.
- 5th stage. Registration of social cards for each convict. A social card must be issued upon release into the hands of a convict. Specialists of both the administration of the penitentiary institution and other services participate in the compilation of the social map. The cards are drawn up in order to ensure a complete record of persons released from the institution for submission to local governments, employment institutions, social protection of the population, health care and other institutions and organizations at the place of residence.
- 6th stage. Ensuring the travel of the convict to the place of destination upon release. Travel documents are purchased and, if necessary, an escort is provided for the person who is released to the vehicle.
- 7th stage. Development of methodological materials containing the information necessary for those released on social services, medical care, paperwork (passport, disability, registration at the place of residence), employment, social support. These methodological materials will allow a person released from an institution executing punishment to form certain knowledge about social reality.
- 8th stage. Identification of convicts who are entitled to receive a pension, and taking timely measures to ensure their pension provision after release. Pension legislation distinguishes two types of disability pensions: labor pensions; state pensions.
The main documents that a social work specialist needs to prepare for the appointment of pensions:
- ? statement of the convict;
- ? convict's passport;
- ? certificates confirming the place of residence or actual residence of a citizen on the territory of the Russian Federation;
- ? insurance certificate of state pension insurance;
- ? documents on labor activity: work book, certificate of average monthly earnings for periods of activity for calculating the amount of pension provision;
- ? documents on the establishment of disability and the degree of limitation of the ability to work and other documents required in a number of cases.
The social work specialist draws up the necessary documents and sends them to the bodies providing pensions, exercises control over the timely transfer of pensions and takes measures to eliminate deficiencies. If the convicted person does not have a work book and other documents necessary for the appointment and recalculation of a pension, requests are sent to search for these documents. If it is not possible to confirm the work experience or there is no work experience, a state social pension is assigned upon reaching the age of 65 for men and 55 for women, or a state social disability pension.
An important formal element aimed at the successful resocialization and social adaptation of a convicted disabled person who is released from a penitentiary is the preparation and issuance of a "Memo to the Released". It may include: advice from a psychologist; rights and obligations of released citizens; information about the release procedure; information about the employment service; on pension provision; about going to court; on the provision of possible medical assistance; useful information (about free canteens, overnight stays, social assistance services, dispensaries, helplines, passport services, etc.).
Thus, social work with convicted invalids in correctional facilities is a logically built system of social measures. At the same time, the practical preparedness of disabled people for release is of great importance. Its effectiveness is essential in addressing issues of social and labor rehabilitation and social adaptation of disabled people to life in freedom.
Chapter 1
1.1. The concept and content of social adaptation of disabled people released from correctional institutions.
1.2. Legislation of Russia on the social adaptation of convicts with disabilities (history and current state).
Chapter 2
2.1. Socio-demographic characteristics of the personality of a disabled convict.:.
2.2. Criminal-legal characteristics of the personality of a disabled convict.
2.3. Penitentiary characteristics of the personality of a convicted disabled person.
Chapter 3
3.1. Legal regulation of preparation for the release of convicted invalids.
3.2. Legal and organizational problems of the system of social adaptation of convicts with disabilities after their release from correctional facilities.
Recommended list of dissertations
Legal regulation of the labor and household arrangements for those released from correctional institutions and the provision of other types of social assistance to them 2006, candidate of legal sciences Samogov, Aliy Turkubievich
Post-penitentiary adaptation of persons sentenced to deprivation of liberty 2008, candidate of legal sciences Andreeva, Yulia Vasilievna
Problems of social adaptation of persons released from correctional facilities: Based on materials from the Republic of Dagestan 2006, candidate of legal sciences Dibirov, Magomed Tagirovich
Legal and organizational aspects of improving the work of public authorities, local governments and non-governmental organizations with persons released and released from educational colonies 2008, candidate of legal sciences Shilovskaya, Anna Leonidovna
Social adaptation of persons who have served a criminal sentence in the form of deprivation of liberty: criminal law, penitentiary and criminological aspects 2008, candidate of legal sciences Denisov, Sergey Vladimirovich
Introduction to the thesis (part of the abstract) on the topic "Legal and criminological aspects of social adaptation of convicts with disabilities"
The relevance of the topic of dissertation research. In modern society, the number of people with signs of disability is significant. According to the World Health Organization, people with disabilities make up about 10% of the world's population, only officially registered more than 500 million. In Russia, there is currently a tendency to exceed this ratio, 10.8 million disabled people are registered, about half of which are under the age of 40 (more than 45%). More than one million people are recognized as disabled every year, and the increase in the number of disabled people among people of working age is a matter of great concern.
In recent years, ideas about the problem of disability and, accordingly, approaches to its solution have changed in the world. So, now not only persons with reduced or lost ability to work are recognized as disabled, but also persons with other limitations of life (self-service, movement, communication, orientation, control of their behavior, education). All this required radical changes in the state policy towards the disabled. As a result, there has been a steady desire for structural restructuring and reorganization of services for the examination and rehabilitation of disabled people, the development of a rehabilitation industry system and the formation of a domestic market for rehabilitation services provided to disabled people. One of the directions of state policy in this area is the social adaptation of disabled people, the implementation of their labor rehabilitation. Moreover, the problem of the legal status of persons with disabilities, the creation of conditions for their normal life every year becomes more acute in the country, requiring an immediate solution.
One of the most difficult social, legal and criminological problems is the social adaptation of disabled convicts released from correctional institutions after serving a criminal sentence of imprisonment. The solution of this problem is directly related to the issues of combating recidivism. The proportion of convicts with disabilities serving sentences in places of deprivation of liberty tends to increase. Of all the categories of those released, disabled convicts are the most problematic in this aspect. Among them, the level of recidivism is quite high (23%). Of course, these circumstances cannot but arouse interest in the study of the problem of social adaptation of convicts with disabilities.
Deprivation of liberty, being the most serious type of criminal punishment, significantly restricts the rights of convicts, leads to their desocialization, loss of socially useful skills and properties. Disabled people are the most vulnerable category not only in places of deprivation of liberty, but also after their release.
In Russia, the direction of social adaptation of disabled people remains one of the weakest links in the complex of rehabilitation measures, but the problem of adaptation and the implementation of the rehabilitation of convicted disabled people on its basis becomes even more complicated, if we take into account the personality of those released from correctional institutions, the attitude of society towards convicts, even those who have served their sentence. punishment, the need to solve the problems of their post-penitentiary resocialization.
In recent years, the importance of socio-economic rights and freedoms has increased in Russian society, especially in places of deprivation of liberty, where a significant amount of legal restrictions are provided for citizens. Big changes in this regard occurred in connection with the adoption in 1996 of the Criminal Executive Code of the Russian Federation (PEC RF), Russia's accession to the Council of Europe. The new Penal Code of the Russian Federation singles out an independent chapter that defines the foundations of the legal status of convicts; for the first time, it guarantees the right to social security of convicts, including disabled people sentenced to deprivation of liberty.
A significant factor determining the relevance of the research topic was the closer integration of Russia into the world community, the natural result of which was the entry of our country into the Council of Europe. The provisions of international legal acts on human rights, treatment of convicts, such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and others, which do not provide for restrictions on the social security of convicted persons with disabilities, have significantly influenced the national penal legislation, its improvement. This cannot but arouse scientific and practical interest. Russia has assumed obligations to more consistently implement in legislation and practice the universally recognized norms that form the legal basis for the activities of the world community, and above all the provisions relating to ensuring the rights and freedoms of man and citizen, including the right to social security of convicted disabled people. In the Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955, it is noted that "the legislator should take measures to ensure that convicts, during and after serving their sentence, retain the maximum of rights in the field of social security, social benefits and other civil interests."
Preservation of the maximum rights in the field of social security of convicted persons with disabilities, as recommended in fundamental international documents, is an expression of the principles of humanism and social justice in penitentiary law in terms of social security. In addition, the right to social security, social and legal rehabilitation of convicted disabled persons, enshrined in the Constitution of the Russian Federation, federal laws, the Penal Code of the Russian Federation, contributes to ensuring the minimum level of existence of these categories of convicts while serving their sentences and, at the same time, achieving professionally targeted interests, such as ensuring the regime in places of deprivation of liberty, providing a corrective effect on convicted disabled people, preventing them from committing new crimes, and successfully adapting them after being released from serving a sentence.
The need to form a more effective mechanism for the legal regulation of the social adaptation of convicts with disabilities, the creation of economic, legal, organizational and other conditions for ensuring the latter, determine the relevance and timeliness of the topic of this dissertation research.
The degree of development of the topic of dissertation research. The issues of social adaptation of disabled convicts after their release from correctional facilities have not received adequate coverage in the scientific literature. The main studies are aimed at defining the concept and mechanism of social adaptation of convicts after their release from a correctional institution (IU), without focusing on the personality and organizational and legal features of such a category as disabled convicts. Taking into account the fact that the social adaptation of disabled convicts is regulated by a complex of legal branches, its effectiveness depends on economic, legal, organizational, political, religious and other factors, the problem under study is distinguished by both relevance and novelty.
The complex nature of this problem suggests the need to refer to scientific works that consider its various aspects. The problems of social adaptation of convicts, including the disabled, received some coverage in the works of V.I. Gorobtsova, A.Ya. Grishko, V.I. Guskova, M.G. Detkova, G.D. Dolzhenkova, Yu.V. Zhuleva, S.I. Zeldova, B.B. Kazak, B.P. Kozachenko, A.S. Mikhlin, G.L. Minakova, A.E. Natashe-va, C.B. Poznysheva, A.T., Potemkina, A.I. Reshetnikova, M.S. Rybak, V.I. Seliverstova, E.V. Wednesdays, H.A. Struchkova, Yu.M. Tkachevsky, V.M. Trubnikova, V.A. Tenturista, I.L. Trunova, I.Ya. Foinitsky, A.V. Chernysheva, I.V. Shmarova, V.E. Yuzhanina and others.
Special studies on the social adaptation of convicts with disabilities, which are of a complex intersectoral nature, have not been conducted, which determined the choice of the topic of the dissertation research.
All this necessitates the in-depth development of a number of fundamental provisions relating to the social adaptation of convicted persons with disabilities, and also determines the relevance, scientific and applied significance of the topic under study. The foregoing allows us to formulate a scientific substantiation of the general concept of social adaptation of disabled convicts and to make conceptual proposals for improving the penitentiary legislation in this direction, which, in our opinion, will contribute to raising the level of law enforcement activities of institutions and bodies executing punishment, strengthening guarantees of observance of rights and legitimate interests of the categories of convicts in question.
The object of the study is social relations arising in connection with the social adaptation of disabled convicts after their release from correctional facilities.
The subject of the research is the norms of criminal, penitentiary law, other branches that regulate the implementation of social adaptation of convicts after their release from correctional facilities, as well as socio-demographic, special criminological and other properties and personality traits of a convicted disabled person that affect the effectiveness of his social adaptation.
The purpose of the dissertation research is the development of socio-legal, organizational and special criminological measures for the social adaptation of disabled convicts, the identification of the most criminogenic risk factors for committing new crimes by these persons, as well as the development of proposals and recommendations for improving this social and legal institution.
To achieve this goal, the following tasks were set:
Determination of a complex of special-criminological and social-adaptive characteristics of disabled people serving a sentence of imprisonment;
Identification of the most criminogenic social complexes of the risk of committing crimes by disabled people and determining the differences in these parameters with comparable characteristics of criminals who are not disabled;
Development of measures to improve the prevention of crimes of disabled people, depending on the compliance with differentiated risk factors for committing a crime, determining ways to optimize the use of the results of a criminological study of the personality of a disabled offender in preventing the recurrence of crimes, social adaptation after release from serving a sentence:
Study of the legal framework (including in the historical aspect) regulating the protection of the rights and interests of disabled convicts and the practice of its application;
Definition of the concepts of "social adaptation", "rehabilitation", "re-socialization" in relation to a disabled convict;
Identification of ways to improve legislation on the legal status of convicts with disabilities and guarantees of their legal status.
The methodological and theoretical basis of the dissertation research was the dialectical method of scientific knowledge of social phenomena and the general scientific and particular scientific methods arising from it: comparative legal, formal logical. In order to obtain reliable and scientifically substantiated results, historical, comparative legal, systemic and statistical research methods were applied in a complex manner. In addition, sociological methods were used: questionnaires, interviews, document analysis.
The theoretical basis of the dissertation research was scientific works in the field of philosophy of law, general theory of law, constitutional law, criminal, criminal procedure, penitentiary law; works devoted to the criminological doctrine of the personality of a convict in general and a disabled convict in particular, ways and means of preventing recidivism.
The normative basis of the study was made up of legal acts of various levels: international legal acts on human rights, including those defining the foundations of the legal status of convicts; the Constitution of the Russian Federation; current criminal, criminal procedural, criminal executive legislation; legislation on the judicial system of the Russian Federation; departmental regulations, resolutions of the plenums of the Supreme Court of the Russian Federation.
The scientific novelty of the study lies in the fact that it is a scientific solution to the problem of social adaptation of disabled convicts after serving their sentence of imprisonment. The author, from the standpoint of a systematic and integrated approach, raised and developed issues of legal regulation of the activities of institutions that execute criminal penalties, other state bodies for the adaptation of disabled convicts.
The work carried out the establishment and analysis of a complex of personal characteristics and social adaptation of convicts with disabilities. The structure and nature of crimes committed by disabled people are presented, the relationship with their quality of life is revealed, the correlation of clinical personality and social adaptation characteristics in a series of crimes is analyzed, and new data are obtained on the formation of the social danger of recidivism of disabled people. A hierarchy has been established in the complex of risk factors for committing crimes, and the ambiguity of the relationship between the determinants that contribute to their implementation in the commission of crimes by disabled people has been shown.
The main provisions for defense:
1. Definition of the concept of the personality of a disabled convict. It is understood as a person who has a health disorder with a persistent disorder of body functions, caused by diseases, the consequences of injuries or defects that led to a limitation of life and necessitate his social protection, recognized as such in the prescribed manner, convicted of a crime.
2. Characteristics of the historical stages in the development of Russian legislation and the practice of its application in the field of social adaptation of disabled people released from places of deprivation of liberty.
3. Criminological portrait of the personality of a disabled convict.
4. The concept of social adaptation of disabled convicts after serving their sentence in the form of deprivation of liberty. Social adaptation of convicts with disabilities is a set of resocialization activities carried out after their release and aimed at ensuring their perception of the values, social norms, laws and rules of the hostel that exist in society, the assimilation of socially useful roles, the development of socially acceptable ways of interaction in everyday life, work collectives , social groups under the control of the state, public, religious and other organizations in order to consolidate (or continue) the results of correction, due to the state of their health and the fact of serving a criminal sentence.
5. Proposals to make additions to Part 3 of Art. 180 of the Penal Code of the Russian Federation with the following content: “Disabled convicts who need inpatient treatment and are in hospitals and departments for inpatient treatment of the penitentiary system are sent on the basis of a medical report and a presentation by the administration to medical institutions at the location of the correctional institution or the place of residence chosen by the convict after release."
6. The identified complex of factors of a different nature: organizational (lack of housing for persons with disabilities released from places of deprivation of liberty, unwillingness of relatives to accept them, etc.), legal (lack of a regulatory framework for the social adaptation of persons released from correctional institutions, etc.) and psychological (anxiety, apathy, irritability, etc.) that impede the subsequent adaptation of a disabled person released from a correctional institution, and the proposed appropriate measures to eliminate them.
The validity and reliability of the results of the dissertation research are due to empirical data obtained by the author in the process of studying and generalizing practice.
According to a specially designed questionnaire, 550 disabled people serving a criminal sentence in the form of deprivation of liberty in correctional institutions of various types of regime in the Bryansk, Rostov, Ryazan and Smolensk regions were interviewed. All convicts who are not disabled were selected as control groups (based on the materials of the special census of convicts in 1999). In addition, the materials of more than 200 criminal cases were studied.
Based on the tasks set, a standardized map was compiled, in which formalized signs were recorded, including passport data, clinical features of the disease, personal, social-adaptive and criminological-situational characteristics necessary for system-structural analysis.
In order to determine the hierarchy of their significance and interconnection in the system of the causal complex of the risk of committing a crime, the results obtained were processed by the method of variation statistics. Criminological study of the personality of a disabled convict, its results are also based on the observations of the applicant during the study in correctional institutions.
The empirical base of the study was also data on the state and dynamics of crimes committed by the category of persons under study on the territory of the Russian Federation for 2002-2005.
The paper uses quantitative and relative indicators obtained by other authors in the course of studying problems related to the research topic, statistical data on the activities of the penitentiary system and social services.
Theoretical and practical significance of the research. The theoretical significance of the dissertation research lies in the scientific substantiation and study of the actual problem - the social adaptation of disabled convicts after being released from criminal punishment in the form of deprivation of liberty, which required a comprehensive analysis of the legal and organizational aspects of this problem, the study of the personality of a disabled convict serving a deprivation of liberty.
The results of studying the personality characteristics of disabled convicts contribute to the theory of the convict's personality in general and the personality of the studied category of criminals in particular. The given typological characteristics allow special and other subjects of preventive activity to choose more correct tactics for the prevention of crimes committed by disabled people, and to more effectively organize a system of social adaptation of convicts with disabilities.
On this basis, scientific conclusions were made about the need to improve the institution of release and preparation for the release of convicts and individual, the most socially unprotected categories in the penitentiary legislation.
The dissertation research makes a certain contribution to the theory of penal law and criminological science; fills the gap in the study of the social adaptation of disabled convicts and the prevention of recidivism of this type; makes proposals aimed at further improvement of the legislation of the Russian Federation.
The practical significance of the dissertation research lies in the fact that the conclusions and proposals contained in it can be used to improve the penitentiary legislation; carrying out further scientific research on the problems of protecting human rights in the penitentiary sphere, concretizing the forms and methods of social adaptation of disabled convicts after their release from the penitentiary. The obtained research data can be the basis for drawing up individualized programs for social adaptation and comprehensive rehabilitation of disabled convicts, prevention of crimes on their part with an adequate solution to the issues of providing social assistance, and carrying out rehabilitation measures.
The implementation of the conclusions and proposals formulated in the dissertation makes it possible to develop methodological recommendations for improving individual educational work with disabled convicts, to improve the methodology for studying persons prone to committing crimes. The data contained in the work can be used in the educational process when teaching the courses "Criminal Law", "Criminology and Crime Prevention", the special course "Ensuring Human Rights in the Penitentiary System and other Law Enforcement Agencies", as well as in the preparation of methodological recommendations and training aids on this issue.
In addition, the provisions of the dissertation can be used in the process of training personnel for the penitentiary system.
Approbation and implementation of the results of the dissertation research. The research materials, its main conclusions and proposals were reflected in the author's speeches at seminars and scientific-practical conferences: "Man: Crime and Punishment" (Ryazan, 2003); “50 years of the Standard Minimum Rules for the Treatment of Prisoners: Experience, Problems and Prospects for Implementation” (Ryazan, 2005); "Man: Crime and Punishment" (Ryazan, 2005).
The results of the study were introduced into the educational process of the Academy of the Federal Penitentiary Service of Russia, the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia, as well as in the activities of institutions and bodies that execute punishment (in the system of service and initial training of employees of the Federal Penitentiary Service of Russia in the Bryansk and Smolensk regions).
The structure and content of the dissertation are determined by the goals and objectives of the study. The scientific work consists of an introduction, three chapters, including seven paragraphs, a conclusion, a list of references and applications.
Similar theses majoring in Criminal Law and Criminology; penal law”, 12.00.08 VAK code
Resocialization of convicts sentenced to deprivation of liberty: Problems of theory and practice 2001, Doctor of Law Rybak, Mikhail Stepanovich
Organizational and legal issues of parole of convicts sentenced to deprivation of liberty 2005, candidate of legal sciences Plyusnin, Andrey Meletievich
The legal status of persons released from serving a sentence of imprisonment under an amnesty act 2011, candidate of legal sciences Seliverstov, Ivan Vyacheslavovich
Legal issues of preparation for the release of convicts with tuberculosis, and their social adaptation 2003, candidate of legal sciences Reshetnikova, Antonina Ivanovna
Problems of Execution of Sentence in a General Regime Correctional Colony for Women Sentenced to Deprivation of Liberty 2003, candidate of legal sciences Abasova, Siyibat Abasovna
Dissertation conclusion on the topic “Criminal law and criminology; penal law”, Gadiev, Huseyn Asker-ogly
The results of the study allow us to present the following socio-demographic characteristics of disabled convicts.
1. The vast majority of disabled people who commit crimes are men. The proportion of women in the group we studied was a little over 3% of the total number of disabled convicts.
2. The largest share among disabled convicts serving a sentence of deprivation of liberty is made up of persons aged 20 to 39 years - 44.7%. Their percentage is significant among the elderly - 55 years and over (respectively 12.6 and 18.5%).
At the same time, the proportion of disabled people who committed a crime at the age of 20-39 is much less than the proportion of all criminals of this age - by 29.5%. On the other hand, the latter is much greater at an older age: the proportion of disabled criminals aged 50 and over exceeds the proportion of all criminals of this age by almost 8 times.
3. The level of education of persons with disabilities who have committed a crime is not much higher than the indicated indicator among all convicts who are not such (60 versus 49.8%). The average score is 9.6 and 9.5 respectively. Nevertheless, among the disabled, there is a higher proportion of people with secondary specialized, incomplete higher education (14.5 vs. 15.3%) and higher education (3.0 vs. 1.2%). Disabled people, due to their older age, objectively had more time before the moment of committing a crime to receive an appropriate education.
4. Depending on the type of occupation before committing a crime, disabled people are characterized much better than other categories of convicts. Among the disabled, there are more people who worked (48.8%), while for all convicts this group was only 38%, and there are significantly fewer people without certain occupations (2.6 times). Among other sources of income for convicts, the main one is the receipt of a pension (28.8% of disabled convicts are old-age pensioners and may not work). At the same time, the proportion of disabled people receiving a pension is 8.2 times greater than the proportion of pensioners among all other categories of convicts, which is quite natural, since disability to a large extent leads to the transfer of disabled people to the category of pensioners.
5. The overwhelming majority of convicts with disabilities (72.4%) do not consider themselves believers. Only 27.6% of convicted invalids consider themselves believers (for all convicts this figure is slightly higher - 36.8%). Taking into account the fact that disabled convicts occupy an insignificant place in the general structure of convicts, it can be stated that religion, as a powerful preventive factor, does not find its place in the system of internal beliefs of disabled convicts. Feeling unwanted in this life, many disabled convicts could find solace in religious beliefs.
In addition, convicted disabled people are less likely than other convicts to profess other, non-traditional religions for our country.
10.8%, for all convicts this figure is higher - 16.3%.
6. The marital status of disabled convicts is characterized by the fact that about half of them (43.1%) were not married before their conviction (for all convicts this figure is higher - 69.1%). At the same time, families of disabled people are saved much more often than other convicts (39.2 vs.
20.9%. However, during the period of serving their sentence, disabled convicts are less likely than other convicts to enter into marriages (0.3 vs. 9.6%).
7. With regard to the state of health of disabled convicts, it can be noted that in terms of number, disabled people of group II are in the first place (66.0%); on the second - group III (27.2%); on the third - invalids of the I group (6.8%). By the nature of the disease, the ranked series is as follows: tuberculosis - 87.0%, other diseases in the sample were distributed equally - 2.6% each (stroke, amputation, contusion, head injury, paralysis of the lower extremities, heart attack). Moreover, the incidence of tuberculosis among disabled convicts is much higher than among other convicts (87.0 vs. 12.0%).
The criminal-legal characteristic of the personality of convicted persons with disabilities is as follows:
1. By the nature of the crimes committed, disabled convicts are mainly violent criminals (52.2% of them committed crimes against life and health). At the same time, an analysis of the motives for committing violent crimes cannot fail to draw attention to the fact that motives that are similar in their essence prevail among them: being in a state of “self-defense” (23.0%), resentment (10.0%), being in in a state of passion (10.0%), nervous breakdown (7.5%), defense of one's dignity, dignity of a woman (7.5%).
Depending on the categories of crimes committed, disabled convicts were distributed as follows: less serious - 7.2% (which is 24 times higher than the figure for all convicts - 0.3%); moderate severity - 27.8% (which is 55.6 times higher than the figure for all convicts - 0.5%); serious crimes - 23.7% (which is 3.3 times lower than the figure for all convicts - 78.9%); especially grave crimes - 41.3% (which is 2 times higher than the figure for all convicts - 20.3%).
2. The risk of recidivism for disabled people is much lower than for all other convicts. If among the disabled the proportion of persons with one conviction is 87.0%, then among all - only 45.5%. Disabled convicts with two convictions make up 9.5%, which is 3.7 times less than the same indicator for all convicts (34.8%). Disabled convicts with four or more convictions make up 1%, which is 7.9 times less than all convicts (7.9%). The only exceptions are disabled convicts who have three convictions, since there are almost twice as many of them as among other convicts (2.5% vs. 1.8%, respectively). It can be assumed that the noted trend is due to the state of health of disabled people, physical limitations of their ability to commit a crime.
3. Of particular interest is the analysis of crimes committed by convicts with disabilities in complicity. It can be noted that a significant number of crimes (90%) are committed by disabled convicts alone. In the first place among disabled people who committed a crime in complicity are accomplices - 15.5% (among other criminals - perpetrators - 2.2%); on the second - performers - 14.5% (among other criminals - accomplices - 11.6%); on the third - organizers and instigators - 1.0% each (among others - organizers - 11.1%).
The main form of complicity in which crimes are committed by persons with disabilities is a group of persons (among other criminals - a group of persons by prior agreement). The second place is occupied by a group of persons by prior agreement - 32.5% (among other criminals - a group of persons - 30.7%). It is uncharacteristic for disabled people to commit a crime by an organized group or as part of a criminal community (criminal organization).
4. Disabled convicts are most often sentenced to imprisonment for a term of three to eight years - 63.0% (among other criminals, the share of those sentenced to these terms is 57.0%). There are more disabled people sentenced to long terms of punishment (over ten years - 12.0%). The average term of punishment for disabled people is 0.2 years longer than for other categories of criminals.
5. For disabled convicts, 4 times less often than for all convicts, additional types of punishment are applied (4 against 16.4%). At the same time, only one type of additional punishment is applied to them - a fine. The fine is applied to the bulk of convicts much less frequently, only in 3.9% of cases. Provided that other types of punishments were also applied to the rest of the convicts, this figure for disabled people can increase several dozen times. The only positive point is that confiscation was not applied to disabled convicts as an additional punishment, the share of which before its abolition for the rest of the convicts was 12%.
Considering the penitentiary characteristics of the personality of convicted disabled persons, the following main provisions can be reflected:
1. Among convicts from among the disabled, the proportion of persons who are characterized negatively is significantly less compared to the rest of the convicts - 1.3 versus 18.4%. There was not a single malicious violator of the regime among the disabled (among all convicts, their share is 4.4%). At the same time, it cannot but draw attention to the fact that among disabled convicts, almost a third (28.5%) is characterized as neutral in relation to the requirements of the regime.
2. Disabled convicts are much less likely to take part in educational activities, unlike all convicts. Only 8% of disabled people take an active part in educational activities (for all convicts this figure is 33%). However, due to disability, convicts who participate in educational activities less actively make up 5.4%, for the rest of the convicts this figure is 36.3%. An interesting indicator is the non-participation of disabled convicts in educational activities. It exceeds the proportion of convicts participating in educational activities by 6 times (74.1 vs. 16.3%). Accordingly, the share of convicts with disabilities, according to the given criterion, who do not participate in these activities, is several times greater than the share of all convicts (4.5 times). We give this indicator taking into account convicts who serve their sentence in the institution for less than six months, and therefore there is no real possibility to evaluate them. Such convicts, according to our study, turned out to be 12.5% against 14.4% among all convicts serving sentences.
3. The third part of convicts with disabilities relate to work conscientiously (34.0%), which is less than the proportion of those who are conscientious about work among other convicts (by 7.6%). At the same time, among the former, there are almost three times more people who treat work in bad faith (3.2 versus 9.0%). In many cases, this is explained, among other things, by the older age of the convicted disabled, which, due to objective reasons, leads to a more conscious lifestyle in general and its manifestation in relation to work in particular. The prevalence of the proportion of disabled convicts who do not work for reasons beyond their control (56.4%), in our opinion, is explained by their limitations in work due to disability.
4. The distribution of convicts depending on their attitude to learning indicates a big difference between disabled people and all other convicts. If among the disabled in the ranked series the first place is occupied by the indicator “Does not study for good reasons” (84.0%), then among all convicts - “Has a secondary education” (58.8%). Among the disabled in the sample, there were no convicts who would not study in good faith or did not study for unjustified reasons, while among all convicts the proportion of the latter was 1.9 and 5.3%, respectively.
5. Disabled convicts take less active part in the work of amateur organizations compared to all convicts: (respectively 13.2 and 35.0%). Among disabled convicts, compared with all convicts, the proportion of persons not participating in the work of amateur organizations is greater, their shares are 74.2 and 61.4%, respectively. At the same time, it should be noted that 8.2% of disabled convicts actively participate in the work of amateur organizations of convicts, while this figure is 16.2% among all convicts.
Considering the problems of preparing disabled convicts for release, the author relies on the main constitutional provisions, according to which Russia is a social state, and therefore is obliged to fulfill its obligations to protect all segments of the population, including the disabled. But, despite the legislative settlement of many issues, the social protection of this category due to the lack of a well-functioning mechanism is not at the proper level.
The legal status of a convicted disabled person is, first of all, a set of additional rights and legitimate interests granted to him for the period of serving his imprisonment. At the same time, a number of them, aimed at ensuring an adaptation period after release, cannot actually be implemented, due to the state of health of these people (for example, granting the right to travel without an escort, transfer to a colony-settlement).
The dissertation examines the features of the activities of the administration of the correctional institution in preparing (psychological, legal, etc.) disabled convicts for release. Psychological barriers are indicated (anxiety, fear, boredom, apathy, irritability, etc.), organizational (lack of housing, unwillingness of relatives to accept them, etc.) and legal difficulties (lack of a regulatory framework for the social adaptation of persons released from the penitentiary , etc.), preventing the normal course of the subsequent adaptation period. As a result, the dissertation sees the need to establish, before the release of the convict, with the help of the prison administration, friendly relations with relatives, labor collectives (if the released person is able to work due to the nature of the disease), increase the number of visits, provide released disabled people with photocopies of the main provisions of the law, providing them with additional social guarantees, mandatory visits to address issues of labor and household arrangements, etc.
The administration of correctional institutions, when preparing for the release of disabled convicts, must organize classes accordingly, taking into account the peculiarity of the category. As part of the school for preparation for release, it is necessary: a) to conduct explanatory classes on the rules of conduct in homes for the disabled, the daily routine of such homes; b) resolve in advance questions about insurance policies for this category of convicts; c) to form a system of vocational education in correctional colonies in such a way that disabled people master specialties that could be used after release.
It is long overdue to develop and adopt a law on social assistance to those released from places of deprivation of liberty, in which it is necessary to lay responsibility for the household and labor arrangements of disabled persons released from places of deprivation of liberty on state authorities and administrations. At the same time, it is required to clearly define their competence, areas of activity, coordinating functions, reflect the prospects of focusing on close ties with public formations. It seems that the dominant role should belong to the bodies of social protection.
The process of preparation for release and social adaptation of the released is briefly presented on the example of the Republic of Belarus, which, in principle, has quite similar legislation and practice of its application.
Despite various points of view on the structure of the social protection system for people with disabilities, including those released from places of deprivation of liberty, at present it consists of state organizations (for example, social service centers) and institutions of the non-state sector (charitable and religious organizations, etc.). Social protection can be carried out both stationary and in semi-stationary conditions.
The needs of disabled convicts as a basic characteristic for planning work and making decisions on various aspects of the problem can be divided into two groups:
General needs, that is, similar to those of other population groups;
Special needs, that is, arising in connection with the conviction and serving the sentence.
The most typical of the special needs of disabled people is the need: 1) to restore or compensate for impaired or lost abilities for various types of professional, domestic and social activities; 2) in a rational labor and household arrangement; 3) in socio-psychological adaptation; 3) in material and household and financial support.
The author considers the main social organizations in which disabled people who have served a criminal sentence in the form of imprisonment can be placed. At the same time, the possible negative consequences of placing convicted disabled people in the general mass of law-abiding people (the spread of a criminal subculture, etc.) are subjected to analysis. Therefore, it is proposed to establish a special system of control over their behavior with the involvement of the forces of the internal affairs bodies.
The issues of vagrancy of former disabled convicts are touched upon and examples of the real consequences of this antisocial behavior are given.
Legal and organizational problems of professional rehabilitation of the disabled are considered. There is an insufficient level of state policy in this direction, as well as the inaction of the mechanism of self-employment of released disabled people. The author describes the positive experience of creating public organizations of the disabled, which have shown their effectiveness in a number of cities.
The basis of social policy in relation to disabled convicts is the rehabilitation direction as the main thing in the formation of the psycho-physiological, professional and social potential of the disabled person for its subsequent implementation in various fields of activity. In this context, it is necessary to solve the following tasks.
1. In the field of vocational rehabilitation - to ensure a guaranteed targeted solution to the needs of disabled convicts in vocational rehabilitation based on individual specific circumstances. The forms and volumes of assistance should be adequate to the social disadvantage that characterizes the situation of a person as a result of impaired health and condemnation. At the same time, the choice of forms of vocational rehabilitation should ensure that the needs for education, training, work, etc. are met.
2. Organize work on special training (retraining) of specialists in the rehabilitation of disabled convicts.
3. Recommend to the executive authorities of the constituent entities of the Federation and municipalities to legislate the responsibility of designers and builders for the implementation of standards for the adaptation of housing, roads and objects of social and cultural significance to the needs of disabled people.
4. To distinguish between the competence and subjects of medical and social rehabilitation. At the same time, the regulations on this issue, in the opinion of the applicant, should proceed from the fact that the right to social protection in all its diversity should be guaranteed to persons with disabilities by the state as a whole, but actually provided by its local authorities, depending on individual needs.
5. Strengthen the independence of local authorities in ensuring the effective development of the region in solving the socio-economic problems of the life of the population, including in the field of medical and social rehabilitation of the disabled. The problem is that it is necessary to provide local authorities with the maximum opportunity to satisfy the legitimate interests of persons who have completely or partially lost their ability to work, to ensure equal opportunities for both healthy members of society and for people with disabilities, to guarantee people with disabilities access to all types of social services provided by society.
6. To introduce amendments to the Federal Law “On the Profit Tax of Enterprises and Organizations”, providing for a reduction in taxable profits for organizations that allocate their own funds to provide benefits to disabled people.
7. It seems appropriate to adopt the Federal Law "On the Disabled", which would not duplicate the provisions of the current law, but would strengthen the legal mechanisms for ensuring a decent life for the disabled. The said law should contain norms regulating the peculiarities of the legal status of convicts with disabilities.
On the problems of disabled people, parliamentary hearings should be held in the State Duma of the Federal Assembly of the Russian Federation, a special meeting of the Government of the Russian Federation, joint boards of the Ministry of Labor and Social Development of the Russian Federation and the Federal Penitentiary Service. Similar actions should be taken in the constituent entities of the Russian Federation to implement practical measures to radically improve the situation of disabled convicts in our country.
The main provisions of the legislation are also given, providing additional state guarantees for the provision of these persons with housing, and factors contributing to the loss of housing by disabled former convicts.
As a result of the study, a generalized conclusion can be drawn that, in general, the system of preventive and social rehabilitation measures for the disabled should have as its goal the possible mental and physical recovery, the revival of the ability to be useful to society, to feel like a full member of it. In all cases, these measures should be aimed at preventing the commission of crimes by these persons.
CONCLUSION
Social adaptation of convicts with disabilities is a constituent element of their resocialization, carried out in connection with the commission of a crime and the serving of a criminal sentence in the form of deprivation of liberty. But since the person is disabled, various kinds of rehabilitation measures are also required.
Consequently, the social adaptation of disabled convicts is a set of resocialization measures after release, aimed at ensuring their perception of the values, social norms, laws and rules of the hostel that exist in society, the assimilation of socially useful roles, the development of socially acceptable ways of interaction in everyday life, work collectives, social groups under the control of the state, public, religious and other organizations in order to consolidate (or continue) the results of correction, due to the state of their health and the fact of serving a criminal sentence.
The complexity of the adaptation of disabled convicts after release as one of the areas of resocialization is determined by the fact that the rehabilitation of disabled people is carried out in parallel, that is, a complex of social and medical measures carried out by the state (social guardianship bodies, medical institutions, administration of homes for the disabled), public, religious and other organizations aimed at restoring health, the physiological properties of the body, the formation of such communication skills, interaction with the family, social environment, the state and its institutions that would allow the disabled person to lead a full life after the loss of some physiological functionality caused by injury, disease, as well as restoration after the release of labor professional skills, the ability to independently create living conditions for life caused by injury, illness, etc.
Social adaptation of a released disabled person to a certain environment, new living conditions is a complex process, which consists of a number of activities aimed at developing interaction skills and resolving issues in the following areas: 1) released from the penitentiary - family, relatives; 2) those released from the PS - environment (friends, neighbors, yard); 3) released from the penitentiary - society as a whole; 4) released from PS - production team; 5) released from the penitentiary - personnel, administration of medical institutions, homes for the disabled and the elderly; 6) exempted from PS - commercial structures acting as employers, and other possible subsystems.
Considering the historical genesis of the legislative regulation of the social adaptation of disabled convicts, it should be noted that it develops in line with the system of regulations governing the legal status of disabled people in the Russian Federation, the methods of providing them with medical and rehabilitative assistance. At the same time, it can be argued that the situation will not be resolved by the creation of laws alone, therefore, it is necessary to carry out a whole range of social measures involving the efforts of many services.
A study of the history of legislation on social adaptation shows that it basically had an evolutionary path of development, starting to take shape at the turn of the 18th-18th centuries. Initially, the role of charity of individuals, the church, was great, and only later, many issues of caring for the disabled were taken over by the state. In the XIX-XX centuries. the tsarist government takes care not only of the convicts, but in some cases also of their families in the event of the death of a convict or his injury (disability), if the family followed him, lived near the place of execution of hard labor. A purposeful policy to provide assistance to released convicts, including the disabled, was provided for in the Penal Code of the RSFSR of 1924. Such assistance in adaptation provided for: the provision of various kinds of loans, payments, lifting those released for a device for the first time; creation of shelters, shelters, stay houses and other institutions for homeless convicts; the opening of special industries, enterprises for the released, where disabled people who were able to work were also employed.
Social policy in relation to disabled people, its reflection in normative acts, assistance to released convicts is purposefully formed only in the Soviet state.
The specificity of the adaptation of disabled convicts is that its regulation is largely carried out through subordinate regulations, which makes it necessary to expand their legislative framework. The author comes to the conclusion that it is necessary to amend the wording of Art. 180 of the Penal Code of the Russian Federation, stating part 3 as follows: “Convicts who are disabled of the first or second group, as well as convicted men over 60 years old and convicted women over 55 years old, at their request and on the proposal of the administration of the institution executing punishment, are sent by social protection authorities to homes for the disabled and the elderly.
Disabled convicts who need inpatient treatment and are in hospitals and departments for inpatient treatment of the penitentiary system are sent on the basis of a medical report and a presentation by the administration to medical institutions at the location of the correctional institution or the place of residence chosen by the convicted person after release.
Additions and a new version of section 6 (“Peculiarities of preparation for release from places of deprivation of liberty of disabled people of groups I and II, the elderly, pregnant women and women with children, as well as foreign citizens and stateless persons”) of the order of the GUIN of the Ministry of Justice of Russia dated March 22, 2004 No. 75 "On approval of the Regulations on the group of social protection and accounting for the length of service of convicts of the correctional institution of the penitentiary system of the Ministry of Justice of the Russian Federation."
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<*>Kokurin A.V., Slavinskaya Yu.V. On the issue of psychological support of life convicts in conditions of reform of the criminal-executory system.Kokurin A.V., Head of the Laboratory for the Study of Problems of Working with Convicts of the Research Institute of the Federal Penitentiary Service of Russia, Candidate of Psychological Sciences, Associate Professor, Colonel of the Internal Service, Head of the section "Problems of Penitentiary Psychology".
Slavinskaya Yu.V., Associate Professor of the Department of General Psychology of the Academy of Law and Management of the Federal Penitentiary Service of Russia, Candidate of Psychological Sciences, Lieutenant Colonel of Internal Service.
The materials of the article reflect the point of view of the authors on modern problems related to the psychological support of persons serving life imprisonment. The main direction of psychological support is the preservation of the mental health of a life-sentenced person, on the one hand, and the provision of professional assistance to employees who ensure the implementation of this type of deprivation of liberty. The relevance of developing an integrated approach to the psychological support of individual preventive work with convicts serving life imprisonment is emphasized by the lack of such experience, both domestic and foreign.
Key words: methodology and methodology of in-depth study of the personality, the personality of a person sentenced to life imprisonment, an integrated approach, psychological support.
The materials of the article manifest the viewpoint of the authors to contemporary problems related to psychological support of persons convicted to life sentence. The main direction of psychological support is preservation of psychological health of life convict on the one side and rendering professional assistance to workers providing for realization of this type of deprivation of freedom. The topicality of working out of complex approach to psychological support of individual-prophylactics work with life convicts is stressed by the absence of both Russian and foreign experience in this sphere.
Key words: methods and methodology of deep study of personality, the personality of life convict, complex approach, psychological support.
The humanization of the criminal and penitentiary policy of Russia led to the development of the institution of life imprisonment (hereinafter referred to as PLS) as an alternative to the death penalty and predetermined the growth in the number of convicts serving this type of punishment<1>. The change in the number of persons sentenced to PLS (as well as those for whom the death penalty was replaced with this type of punishment) actually obeys the laws of linear dependence<2>. By 2015, the number of this category of special contingent may reach more than 1800 people<3>.
<1>Balamut A.N. Sentenced to life imprisonment and ways of providing them with psychological assistance: Monograph. Moscow: PRI, 2009.
<2>The number of those sentenced to life imprisonment in Russia as of January 1 was: 2005 - 1577, 2006 - 1591, 2007 - 1628, 2008 - 1714, 2009 - 1730 people.
<3>Slavinskaya Yu.V., Zharkikh A.A. On the optimization of psychological support for persons serving life imprisonment // Collection of articles based on the materials of the problematic seminar "Problems of psychological work with those sentenced to life imprisonment and ways to solve them." M., 2010.
Analysis of the materials of a special census of convicts and persons held in custody, conducted by a group of employees of the Research Institute of the Federal Penitentiary Service of Russia under the guidance of Doctor of Law, Professor V.I. Seliverstov in 2009, allows us to obtain a generalized description of a modern prisoner sentenced to PLS.
This is a man from 30 to 50 years old (74.2% of all those sentenced to PLS); citizen of Russia (96.2%); having incomplete secondary or secondary education (75.4%); who had not worked anywhere (54.2%) or a worker (30.5%) before conviction; as a rule, serving the first (48.7%) conviction (the second - 27.2%, the third - 12.8%). In 52.4% of cases, he was initially sentenced to the PLS, in 47.6% of cases he was initially sentenced to death. 49.4% of convicts in this category committed the crime alone. Of those who committed a crime in complicity, 19.1% of persons were organizers, 3.9% - perpetrators and 1% - accomplices. In 94.7% of cases, such a convict was not prescribed compulsory treatment (but 3.1% of convicts sentenced to PLS were treated as patients with alcoholism, 1.7% - with tuberculosis, 0.4% - with drug addiction, 0.1% - with substance abuse and HIV -infection). In 92.2% of cases, a person sentenced to PLS does not suffer from a mental disorder that does not exclude sanity. As a rule, he was not assigned other measures of a criminal law nature (96.9%). 30.8% of those sentenced to PLS were ill or currently ill with tuberculosis, only 0.6% of them are ill with HIV infection. In 98.1% of cases, such a convict is not registered as a drug user. The majority have actually served more than 10 years - 62.3% (11.9% - from 8 to 10 years, 15.2% - from 5 to 8 years). In 5.8% of cases, he was convicted for committing a crime while serving a sentence. As a rule, able-bodied (85.3%). 61.3% do not work all the time because of the insufficient front of work (27.2% - they work, are constantly provided with work). The administration is characterized negatively (48.2%) or neutrally (42.2%). He is serving his sentence in a correctional colony of special regime (96.7%); in 68.6% of cases - under strict conditions of detention (19.7% - under normal conditions; 9.9% - under light conditions). As a rule, he is serving his sentence in another subject of the Russian Federation, not at the place of residence and not at the place of conviction (91.1%).
Given the high degree of public danger of this category of convicts, in order to ensure security during the period of serving the sentence, the legislator provided for their cell placement and maintenance. This predetermined the need to move from traditional collective to individual forms of work with convicts to PLS.
An analysis of sources on the topic under study shows insufficient coverage in domestic and foreign scientific literature of issues related to the development of a scientific and methodological base and an integrated approach to psychological support for this category of convicts.
Certain issues of life imprisonment were addressed in their works by such prominent scientists of our time as G.Z. Anashin, O.A. Antonov, A.I. Alekseev, V.I. Baranov, S.E. Vitsin, M.G. Detkov, S.I. Dementiev, S.V. Zhiltsov, I.Ya. Kozachenko, A.I. Dolgova, A.I. Zubkov, V.E. Kvashis, V.V. Luneev, M.P. Melentiev, S.F. Milyukov, G.L. Minakov, A.S. Mikhlin, V.S. Ovchinsky, E.F. Pobegailo, P.G. Ponomarev, V.A. Utkin, N.B. Khutorskaya, I.V. Shmarov, V.E. Yuzhanin and others. An analysis of the works of these scientists draws attention to the fact that most of them operate only with logical and theoretical arguments. At the same time, there are actually no concrete empirical results of research. As for the psychological aspects of ensuring life imprisonment, they are reflected only indirectly in the works of the above authors (mostly lawyers).<4>.
<4>Kazakova E.N. Life imprisonment in Russia (criminal-legal and penitentiary aspects): Proc. allowance. M.: PER SE, 2008.
Nevertheless, among the currently known works of a "psychological orientation" there is a certain interest in the specifics of psychological support for persons under conditions of life imprisonment, and the psychological characteristics of this category of convicts (Yu.V. Slavinskaya (2002), A.N. Balamut (2007)<5>, V.S. Mukhina (2009)<6>).
<5>Balamut A.N. Psychological assistance to convicts with life sentences: Dis. ... cand. crazy. Sciences. Ryazan, 2007.
<6>Mukhina V.S. Alienated: The Absolute of Alienation. Moscow: Prometheus, 2009.
It must be remembered that the psychological support and accompaniment of convicts serving life imprisonment is fundamentally different in a number of parameters from working with other categories of convicts.<7>, namely: the specifics of their socio-psychological and criminal-psychological status, the maximum duration of the term of imprisonment, severe social deprivation, loss of interpersonal skills, violations of socialization and adaptation, significantly greater socio-psychological and intellectual degradation, loss of guilt for the committed act<8>etc. All this, of course, hinders the correction and resocialization of those sentenced to PLS as a whole.
<7>Kazakova E.N. Decree. op.
<8>Yalunin V.U. Imprisonment for a long term and for life: legislation and application // Proceedings of the 14th meeting of the Steering Group for reforming the penal system of Russia. St. Petersburg; Vologda, 2002.
So, the growth in the number of convicts serving life imprisonment, their high degree of criminalization, the presence of pathopsychological changes in their personality and behavior, as well as the need to introduce various forms of individual preventive work with them indicate the relevance of developing an integrated approach to the psychological support of the correctional process in cell-by-cell conditions. content. In turn, the use of life imprisonment in domestic conditions requires not only further comprehensive theoretical and applied research, taking into account modern trends in criminal and penitentiary policy, but also an in-depth study of the personality of the convict serving life imprisonment.
The need for such a study is also predetermined by the fact that the issue of the specifics of psychological support for persons serving life imprisonment has not yet been resolved.
The existing points of view on this account range from the inexpediency of applying methods of psychological correction to life-sentenced prisoners in principle to the tasks of their real correction and correction.<9>.
<9>See, for example: Slavinskaya Yu.V., Kokurin A.V. On the need to develop an integrated approach to the psychological support of persons serving life imprisonment // Applied Legal Psychology. 2009. N 3.
The relevance of the research topic is also emphasized by the unresolved issue of the role of a psychologist and his functions in the psychological support of life-sentenced prisoners. Until now, the practical activities of penitentiary psychologists working with this category of convicts are limited to such areas as identifying "risk groups", special registration, placement in cells, etc.
In our opinion, the main directions of psychological support for persons serving the PLS, formulated back in 2002<10>, are reduced to the provision on the need to preserve and maintain the mental health of this category of convicts, on the one hand, and to provide professional assistance to employees of the relevant penitentiary institutions, on the other.
<10>Slavinskaya Yu.V. Mental states of convicts serving life imprisonment: Dis. ... cand. crazy. Sciences. Ryazan, 2002.
In this way, purpose of our research is the development of theoretical and psychological foundations of psychological support for individual preventive work with convicts serving the PLS.
We believe that the use of an integrated approach based on the results of an in-depth study of their personality in individual psychological work with convicts serving a prison sentence will help improve the effectiveness of corrective action in conditions of deprivation of liberty, social reintegration, and social adaptation to the conditions of serving a sentence.
Methodological approaches to the conduct of this study should organically combine both proven and confidently proven in practice, and new psychodiagnostic methods adapted specifically to the specifics of the studied population.
The study assumes the use of various psychological tools:
- analysis of personal files of convicts;
- analysis of the results of forensic psychiatric and psychological and psychiatric examinations;
- clinical interview;
- psychodiagnostic methods (verbal and projective);
- interviews and questionnaires.
Along with the traditional ones, original diagnostic procedures and psychotechniques will be used to collect empirical data. The above methods and techniques are planned to be implemented in stages.
Data collection will be carried out during business trips to the territorial bodies and institutions of the penal system containing persons serving life imprisonment.
It is planned to involve not only competent specialists from regional psychological departments working in institutions in which convicts sentenced to PLS are serving their sentences, but also specialists from other departments and services who own the information of interest to us in the methodological procedures for collecting significant information within the framework of the problem under study.
In the analysis of the results obtained and the establishment of the identified patterns, various mathematical and statistical methods and approaches will be used in the multifunctional psychodiagnostic shell "Psychometric Expert 7", developed by the staff of the Interregional Psychological Laboratory of the Federal Penitentiary Service of Russia in the Yaroslavl Region.
In conclusion, summing up the substantiation of the expediency, as well as the theoretical and practical significance of our research, I would like to turn to the immediate prospects for life imprisonment in the context of reforming the penitentiary system. So, in the speeches of the director of the Federal Penitentiary Service (FSIN) of Russia A.A. Reimer, his consistently negative position on the death penalty and, as a result, the inevitable development of the institution of life imprisonment sounded. Given the fact that as a result of the reform of the penitentiary system (UIS), according to the director of the Federal Penitentiary Service, it is planned to leave only two types of correctional institutions in Russia - prisons and colonies-settlements (with the exception of educational centers for juvenile convicts), it is in prisons that contain the vast majority of persons serving sentences for grave and especially grave crimes. Moreover, such convicts will differ quite seriously both in terms of terms of imprisonment, and in the severity of the offenses, the number of convictions. Consequently, the conditions of their detention in prisons, regime requirements and restrictions, daily routine and other conditions for serving sentences will also differ significantly.
At the same time, prisons will correspond to three types of detention regime: general regime prisons, strict regime prisons and those requiring the most stringent regime requirements - special regime prisons - including for persons serving life imprisonment<11>. Despite the fact that even now those sentenced to PLS are kept in cell, we cannot agree with the position of A.A. Reimer regarding one of the main proposed changes in the organization of their regime - the fundamental absence of employment for this category of convicts. In our opinion, the arguments with which he explains the expediency of such a decision: “lack of work is a factor that toughens the serving of a sentence”, “a convict sits in a cell for 24 hours, communicating at best with a cellmate. If he has one. If he doesn’t, then the walls”, “putting to work is still some kind of outlet”, work not “for”, but “against” the abolition of the employment of those sentenced to PLS.
For specialists who know firsthand this category of convicts, the devastating consequences of many years of isolation in conditions of cell detention in the absence of any permanent purposeful employment are obvious.
Firstly, long-term isolation is a powerful component that provokes the degradation of both oral speech and the psyche of life-sentenced prisoners. This position is confirmed, for example, by a noticeable improvement in written speech (due to intensive correspondence - as the only connection with the outside world) compared to oral speech (forced communication with a often "irritating" cellmate, episodic - with representatives of the administration). If we think about the social backgrounds that the majority of PLS serving today come from (lack of education, underachievement during school years, single-parent family upbringing, lack of close contact with parents or other significant adults, lack of stable employment or frequent job changes when employed in low-skilled labor, etc.), then it will become clear that the situation is aggravated by the devastating impact on their personality of many years of idle time in places of deprivation of liberty.
Secondly, the lack of employment will mean uncompensated material damage from the side of those sentenced to PLS to the victims of their crimes, even if it is at least partial compensation for such damage. In addition, the state also needs to reimburse the very tangible costs of maintaining this category of convicts.
Thirdly, as long as the question of the conditional early release of convicts sentenced to PLS remains open and theoretically possible, the organization of the conditions for their detention should be based on the possible return to society of a certain number of persons of this category. After 25 years of cell detention against the background of deprivation of communication and the absence of any employment, it will hardly be possible for those sentenced to PLS to return to normal life in society.<12>.
<12>See, for example: Lebedev V.I. Psychology and psychopathology of loneliness and group isolation: Proc. allowance for universities. M.: UNITI-DANA, 2002.
Moreover, in our opinion, it is constant, purposeful, compulsory employment that will allow:
- firstly, the persons serving the PLS, not only to acquire professional skills, but also to maintain (or instill) the habit of systematic employment (especially if the need for their positive evaluation for the possibility of parole becomes a significant motive for improving the quality of work performed);
- secondly, to emphasize the punitive component of deprivation of liberty through compulsory, permanent and normalized labor employment.
It is interesting that not only the employees of the penitentiary system working with this category of persons in penitentiary institutions, but also the convicts themselves, for the most part, believe that employment while serving their sentence vital necessary.
Summing up the above, I would like to once again focus on the fact that in the state in which this type of criminal punishment is implemented in domestic conditions, it cannot exist in principle: it is not effective, not humane, not thought out and senselessly cruel, before only in relation to the society to which this category of convicts may eventually return. Consequently, life imprisonment, of course, needs to be reformed, and perhaps more radically than other types of criminal punishment.
However, it is advisable to finally determine the ways of this reform only on the basis of the results of a serious analysis of the results of a comprehensive study of the personality of life-sentenced persons and the influence on it of the conditions for serving this type of criminal punishment.