GRNTI 10.83 Уголовно-исполнительное право. Пенитенциария
The article is devoted to the process of convicts attracting to work as a means of their correction. The main goals of convicts’ employment are outlined, as well as the problems of regulatory control of this process. The data of the Prosecutor’s office on compliance with the law in correctional institutions in the sphere of attracting convicts to work are analyzed. The study of legislation in the field of convicts’ employment revealed fragmentary regulation of this process, which is explained by the consolidation of norms on attracting this category of persons to work in both the Penal and Labor Codes of the Russian Federation. Taking into account the fact that the basis for regulating issues in the sphere of execution of punishments is the Penal Code of the Russian Federation. The author concludes that it is necessary to make changes to the Penal legislation of Russia in the part concerning the organization of convicts attracting to work, as well as by adding rules on their dismissal. In addition, such problems in the sphere of employment of convicts as the lack of jobs, which entails a high level of non-working convicts, and the organization of remuneration that does not correspond to the stated in the labor legislation, were considered. Possible ways to solve these problems are suggested.
convicts, labor of convicts, deprivation of liberty, means of correction, the Penal Code of the Russian Federation, the Labor code of the Russian Federation.
1. Krakhmal’nik, L. G. 1963, Prison labor and its legal regulation in the USSR, Saratov University, Saratov.
2. Shamsunov, S. Kh. 2003, Labor of persons sentenced to imprisonment in Russia (organizational and legal problems), Academy of law and management of the Ministry of Justice of Russia, Ryazan.
3. Dubrovitskiy, L. P. 1997, Socio-legal and organizational issues of labor among persons sentenced to imprisonment in the conditions of market relations development: PhD thesis (Law), Moscow.
4. Levitskaya, A. G. 2008, ‘The right of persons sentenced to deprivation of liberty to work: reality and prospects’, Bulletin of the Vladimir Law Institute, iss. 1(6), pp. 51–58.
5. Utkin, V. A. 2015, ‘Problems of legal regulation of convicts’ labor in correctional institutions of the Russian Federation’, Criminal justice, iss. 2(6), pp. 81–88.
6. Penal system of Russia: development strategy: materials of the scientific and practical conference (May 26–27, 2005) 2005, vol. 1, SRI of the FPS of Russia, Moscow.