Sinusitis

Program for working with convicted disabled people. Social work with convicts of retirement age, disabled people and the elderly

Social work in penitentiary institutions of modern Russia is actively developing as a special type of activity to provide social assistance and support, and provide social protection for convicts. For this purpose, departments for socio-psychological work, groups for social protection and recording the work experience of convicts have been created in correctional institutions for persons detained in them, the employees of which, when solving the tasks specified by regulations, are primarily guided in their activities by the Constitution of the Russian Federation.

The purpose of legislation on social protection of disabled people is to provide them with equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation. The social protection measures for disabled people provided for in regulations are the obligations of the Russian Federation and its constituent entities. Legislation on these measures and forms of support for people with disabilities applies to all categories of citizens, including convicted persons serving a criminal sentence in the form of imprisonment. At the same time, the special nature of the execution of deprivation of liberty (that is, the organization of a special penal process, including the stage of release and post-penitentiary resocialization) and preparation for release is determined by the sign of disability of the individual serving a criminal sentence.

Activities to provide convicts with social assistance, support, protection for the purpose of their correction and resocialization during the execution of a criminal sentence, as well as adaptation to society after release, is a priority of social work in a correctional institution, especially with such a category as convicted disabled people

The Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955, state that “the legislator should ensure that prisoners, during and after serving their sentences, retain the maximum rights in the field of social security, social benefits and other civil interests.” Preserving the maximum rights in the field of social security for convicted disabled people, as recommended in fundamental international documents, is an expression of the principles of humanism and social justice in penal law as it relates to social security. (Social work in the penal system: Textbook / S.A. Luzgin, M.I. Kuznetsov, V.N. Kazantsev, etc.; Generally edited by Yu.I. Kalinin. - 2nd ed., rev. - Ryazan, 2006.)

The most important laws that are important for social work and the penal system with convicted disabled people include, first of all, the Criminal Executive Code of the Russian Federation (1996), which fixes as a task of the penal legislation of the Russian Federation, along with others: “providing assistance to convicts in social adaptation.” This rule of law applies to the entire mass of convicts serving criminal sentences, including convicted disabled people.

One cannot ignore such an aspect of social work as medical and sanitary provision for convicts. In accordance with Article 101 of the Penal Code of the Russian Federation, treatment and preventive institutions are organized in the penal system for medical care of convicts, and the administration of the correctional institution is responsible for fulfilling the requirements to ensure their health protection.

In correctional institutions you can meet convicted persons with disabilities: vision, hearing, amputated limbs, general and occupational diseases. They have the opportunity to regularly receive medical care in a correctional institution; they can be placed in an inpatient medical unit of the colony, as well as in a special hospital or medical correctional institution. Keeping this category of convicts in places of deprivation of liberty requires the creation of certain conditions, proper care for them, as well as material costs.

Disabled people of groups I and II serving a sentence may, in addition, based on medical reports, receive parcels (deliveries), parcels, as well as purchase food and basic necessities from the funds available in their personal accounts, in the amount of one established minimum wage with taking into account the allowances provided for by the legislation of the Russian Federation. Individual convicts are involved in assisting disabled people in caring for them.

Currently, convicted disabled people (if they wish) are employed in production facilities of penal institutions or enterprises of various forms of ownership that cooperate with penal institutions, based on their employment opportunities and necessarily their desire, taking into account the requirements of the Penal Code of the Russian Federation and the Labor Code of the Russian Federation.

Penal legislation provides for working convicts with disabilities of groups I and II, as well as elderly convicts, certain benefits:

1) increasing the duration of annual paid leave to 18 working days;

2) involvement in work without pay only at their request;

3) increasing the size of the guaranteed minimum to 50% of their accrued wages, pensions and other income.

Convicts who have lost their ability to work while serving a sentence of imprisonment have the right to compensation for damage in cases and in the manner provided for by the legislation of the Russian Federation.

Convicts with disabilities, like all convicts, have the opportunity to communicate with each other and with other convicts, staff, and attend all awareness-raising, social, cultural, and physical culture and sports events held by the administration of the correctional institution. They have the opportunity to visit the library, as well as watch TV shows at the allotted time according to the daily routine.

In each correctional institution, all convicts, including disabled people, have the opportunity to receive basic general education, secondary education, vocational education, and also create opportunities for distance learning in colleges and universities.

Many positive examples from the activities of the penitentiary system can be cited when convicted disabled people themselves actively participate in leisure, cultural, physical and sports events, as well as in the activities of public amateur groups to assist penitentiary administrations in various areas of activity.

Meals for convicts with disabilities of groups I and II are provided free of charge according to the increased standards established by the Government of the Russian Federation (general, dietary) and are organized depending on their mobility in the canteen of a correctional institution or in a designated place in the accommodation premises. Clothing for convicts with disabilities of groups I and II is also provided free of charge. Care for convicted disabled people can be carried out by people specially assigned by the administration of the penitentiary institution for this purpose from among the convicted persons themselves. They help such convicts in all matters related to the need to maintain personal hygiene and public sanitation. Convicted disabled people have the right to state pension provision on a general basis. Payment of pensions to them is carried out by social protection authorities at the location of the correctional facility by transferring pensions to the personal accounts of convicted persons.

When preparing for release, it is necessary to take into account the characteristics of such categories of convicts as disabled people of groups I and II, the elderly, pregnant women with children, as well as foreign citizens.

So, in accordance with Article 180 of the Penal Code of the Russian Federation, at the request of convicts who are disabled people of groups I and II, as well as convicted men over 60 years of age who did not have a permanent place of residence before their conviction, and convicted women over 55 years old, who are released from places of imprisonment, The administration of correctional institutions sends requests to social protection authorities to place them in homes for the disabled and the elderly. Persons without children traveling to homes for the disabled or elderly are provided with tickets to the location of the institution.

Thus, all of the above confirms the existence of legal norms in the penal system of the Russian Federation that establish the foundations of social work with convicted disabled people in the penal system of the Ministry of Justice of Russia, which are reflected in: the Constitution of the Russian Federation; regulations of the Ministry of Justice of Russia regulating issues of social work; regulations of the Federal Penitentiary Service, its main departments and departments; local regulations adopted by the administration of correctional institutions of penal institutions on issues of social work.

All social work with convicted disabled people during their stay in correctional institutions is carried out by its employees (primarily social workers, medical workers, squad leaders 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 penal policy towards humanization, i.e. respecting the rights of convicts, ensuring optimal conditions for serving their sentences, and returning to society.

Representatives of public organizations and religious denominations may be involved in this work, providing assistance in this work of the penal system. Practice shows that managers, as well as social, educational and medical services of correctional institutions, on the basis of cooperation agreements concluded with various organizations, primarily create opportunities for weakly protected categories of convicts, which include convicted disabled people, to receive social assistance from them.

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 (pensioners, disabled people, those who have lost family ties, transferred from correctional colonies, the elderly, those suffering from alcohol or drug addiction, those without a specific place of residence, patients with incurable or intractable diseases);

Assistance in ensuring acceptable social and living conditions for serving the sentence;

Assistance in the social development of the convicted person, including improving their social culture, developing social needs, changing normative value orientations, increasing the level of social self-control;

Helping convicts find a socially acceptable environment for them, a point of social interest (work, family, religion, art, etc.).

Development and strengthening of socially useful connections between the convicted person and the outside world;

Assisting the convicted person in obtaining assistance from specialists.

The organization of social work with convicted disabled people begins with identifying and recording persons of this category. When studying them, it is necessary, first of all, to establish: their state of 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 and behavioral abnormalities.

Disability pensions are issued after the convicted person is recognized as disabled, which is carried out in the manner prescribed by the Regulations on recognizing a person as disabled, 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 Resolution of the Ministry of Labor and Social Development and the Ministry of Health of the Russian Federation dated January 20, 1997 No. 1/30.

A medical and social examination of a convicted person is carried out upon his written application addressed to the head of the public service institution regulating these issues. An 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 being held to the territorial institutions of the state medical and social examination service. To draw up an individual rehabilitation program for a disabled person, examination of convicts in institutions of the state medical and social examination service 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.

If a convicted person is recognized as disabled, a MSEC certificate in 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 at the institution of the state medical and social examination service of a convicted person 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 assignment, recalculation and organization of payment of a pension. And an extract from the examination report on the results of determining the degree of loss of professional ability and the need for additional types of assistance is sent to the correctional institution and stored in the personal file of the convicted person. In case of release from a correctional institution of a convict whose disability has not expired, a MSEC certificate is issued to him.

Payment of pensions assigned to those sentenced to imprisonment is made from the date of sentencing, but not earlier than July 1, 1997 and in all cases not earlier than the day from which the pension was assigned.

To organize the payment of pensions to convicts who received a pension before their 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 specified in the list and, if necessary, requests pension files and other documents required to open payments.

After the release of a disabled person from places of imprisonment, the pension file is sent to his place of residence or 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 imprisonment and a registration document issued by the registration authorities. And after all the necessary documents are collected and completed, he will again receive a pension.

When 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 the disease. This can be achieved if we proceed from the basic principle of social work with this category of convicts - to make their lives active. Since people with disabilities pay special attention to their health and try to find ways to maintain it, organizing a series of lectures and conversations on medical and social topics is important. In the correctional institution's club, library, and in detachments, corners or stands can be equipped with special medical and educational literature, clippings from periodicals, health and educational posters designed for convicted disabled people: “How to maintain health”, “How to cope with a serious illness” , “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 and social work. Since an important aspect of the entire work of a correctional institution is that a person who can independently adapt to the conditions after release must return to society. Sanitary educational work is carried out using various forms and methods: lectures, conversations, consultations, loud reading of literature and radio broadcasting, publication of sanitary bulletins, wall newspapers, memos, the use of slogan posters, slides, filmstrips, photo exhibitions, film demonstrations, etc.

When selecting work 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 work rhythm that does not allow rush jobs, storms, or arrhythmias 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, sudden changes in lifestyle are unacceptable in connection with a transition to another type of work activity or release from work due to illness. Such sudden changes cause states of stress that the body cannot always cope with. Involvement, taking into account the state of health, into any types of socially useful activities: assignments to participate in socially useful work without pay, provision of paid work on a part-time basis. Involvement in the work of amateur organizations. Involvement in carrying out 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 mutual assistance groups by social work specialists and ensure the activities of assigned convicts from the social assistance section to serve convicts with disabilities, who can participate in carrying out activities to ensure proper household, sanitary, hygienic and other necessary affairs for disabled people.

To maintain a certain level of intellectual functioning, it is important to involve disabled convicts in self-education. The preservation of psychophysical functions is achieved through feasible activities and occupational therapy, the development of intellectual interests, and the constant expansion of erudition.

Employees must 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 for convicted disabled people should pursue two goals: creating the best conditions for restoring physical and mental energy and maximizing their free time in activities that contribute to the development of their social interests. For this purpose, convicted disabled people are involved in mass cultural work, participation in amateur performances, design of visual propaganda, work of the editorial board, promotion of books, repair of existing book stock, and self-education. It is also advisable to involve the category in question in physical education and sports (competitions in chess, checkers, arm wrestling, etc.).

Organizing and carrying out preventive measures with them, including, along with purely medical measures, 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 must be paid to the psychological and practical preparation of convicted disabled people for release from correctional institutions.

Preparatory work is being carried out with persons who do not have family or relatives to send them to homes for the elderly and disabled after their release from the correctional facility. It is important not only to properly prepare the relevant documents, but also to tell the convicts what these institutions are and what the order of life is like there. There are special norms and rules of behavior that must be followed. It is important to clarify that in institutions of this type, constant control is established over compliance with the order of movement of wards by management, doctors, and the police officer on duty.

It should be noted that in order to provide disabled people released from correctional institutions 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.

For 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 establish guardianship after their release from the correctional facility. Disabled persons who are unable to independently go to their place of residence after release must be accompanied by medical staff.

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 Criminal Executive Code, which is entitled “Assistance to convicts released from serving their sentences and control over them,” including convicts with disabilities.

Preparations for the release of persons serving sentences in correctional institutions begin no later than 6 months before the end of the term of imprisonment.

Activities to prepare convicts for release include several stages:

1. Registration of convicts released at the end of their sentence;

2. The main element of preparing convicted disabled people for release from correctional institutions is documentation. This is to provide convicts released from correctional institutions with all the necessary documents. The main document, without which it is impossible to resolve any issue related to the resocialization of a convicted person, is the passport of a citizen of the Russian Federation. Issues of obtaining passports are relevant for all categories of those who have lost them for various reasons.

3. Restoration of socially useful connections of convicts (sending requests to the police department for this purpose, correspondence with relatives, etc.). Of particular importance in this case 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. Conducting individual conversations with each person being released, during which life plans for the future are clarified. In addition, the procedure for employment, the rights and responsibilities of citizens during the job search are explained, issues of household arrangements, etc. are clarified;

5. Registration of social cards for each convicted person with mandatory issuance upon release. Both specialists from the administration of the penitentiary institution and other services participate in drawing up a social map. Maps are compiled to ensure full accounting of persons released from the institution for submission to local government bodies, employment institutions, social protection of the population, health care and other institutions and organizations at the place of residence;

6. Payment for the convict’s travel to the destination upon release. If necessary, escort to the train and purchase of travel documents are provided;

7. Development of teaching materials containing information necessary for those released on issues of social services, medical care, paperwork (passports, disability, registration at the place of residence), employment, social support. This methodological material allows a person being released from a penal institution 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 provide them with pensions after release. Pension legislation distinguishes two types of disability pensions: labor pensions; state pensions.

Basic documents that need to be prepared by a social work specialist to assign pensions:

Statement by the convicted person;

Convict's passport;

Certificates confirming the place of stay 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; a certificate of average monthly earnings for periods of activity for calculating the amount of pension benefits;

Documents establishing disability and the degree of limitation of ability to work;

Information about disabled family members, death of the breadwinner; confirming family relations 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). A social work specialist draws up the necessary documents and sends them to the authorities providing pensions, monitors 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 assignment and recalculation of a pension, requests are sent to search for these documents. If work experience cannot be confirmed or there is no work experience, a state social pension is assigned upon reaching the age of 65 years for men and 55 years of age 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 being released from a correctional facility is the preparation and issuance of a “Memo to the Released Person.” Its structure may include: advice from a psychologist; rights and obligations of released citizens; information about the release procedure; information about the employment service; about pension provision; about going to court; about the provision of possible medical assistance; useful information (about free canteens, night shelters, social assistance services, dispensaries, helplines, passport services, etc.)

Thus, social work with convicted disabled people in correctional institutions is a logically structured system of social activities. At the same time, the practical preparedness of disabled people for release is of great importance. Its effectiveness is essential in resolving issues of social, everyday, labor rehabilitation and their social adaptation to life in freedom.

Questions for self-control

1. What are the main problems of convicted disabled people in correctional institutions?

2. Expand the legal norms of social work with convicted disabled people in the legislation of the Russian Federation.

3. Describe the main directions and forms of social work with convicted disabled people in correctional institutions.

Kuznetsov M. I., Ananyev O. G. Social work with convicts in correctional institutions: textbook. a manual for beginner social work specialists of the penitentiary system - Ryazan, 2006.

Luzgin S.A. Centers for psychological, pedagogical and social work with convicts as a domestic model for organizing their correction and resocialization in correctional colonies: Textbook. – Ryazan, 2004.

On social protection of disabled people in the Russian Federation: Federal Law of November 24, 1995 No. 181-FZ.

On social services for elderly citizens and disabled people: Federal Law of August 2, 1995 No. 122-FZ.

On the basics of social services for the population in the Russian Federation: Federal Law of December 10, 1995 No. 195-FZ.

Social work in penitentiary institutions: Textbook / ed. A.Ya. Grishko, M.I. Kuznetsova, V.N. Kazantseva. – M., 2008.

Social work in the penal system: Textbook/S.A. Luzgin, M.I. Kuznetsov, V.N. Kazantsev and others; Under general edited by Yu.I. Kalinina. - 2nd ed., rev. – Ryazan, 2006.

Social work with convicts: Textbook / ed. V.I. Zhukova, M.A. Galaguzova. – M., 2002.

Criminal Executive Code of the Russian Federation (1997).

Criminal Code of the Russian Federation (1996).

The Russian Ministry of Justice signed an order on the training, starting in January 2016, of employees in the Federal Penitentiary Service (FSIN) to protect the rights and interests of arrested and convicted disabled people. The emphasis in the training will be on the human factor: human rights activists will be able to help such prisoners endure captivity, prepare them for life in civilian life and educate them into law-abiding citizens. In addition to psychology, they will master the nuances of relevant legislation, registration of social benefits and documents so that disabled people do not have problems in the wild. Already in the colony, prisoners will be able to restore lost documents, and will also learn what rights and social guarantees they are entitled to. Public human rights activists believe that their new colleagues from the Federal Penitentiary Service will not be able to fully defend the rights of prisoners because they are too dependent on intradepartmental interests.

The Order of the Ministry of Justice “On approval of the training program for employees of institutions of the penal system in order to ensure respect for the rights, freedoms and legitimate interests of suspects, accused and convicted persons who are disabled” was approved on October 6. It was developed in pursuance of Federal Law No. 46 “On the Ratification of the Convention on the Rights of Persons with Disabilities,” which came into force in Russia on May 3, 2012.

Currently, there are 22.4 thousand disabled people in correctional institutions of the Federal Penitentiary Service, including 558 people of the first group, 9,725 people of the second group, 12,143 people of the third group. The FSIN takes into account this category of prisoners.

Conditions have been created for convicted disabled people to participate in social, cultural life and physical development, the FSIN press center told Izvestia. - Correctional facilities have ramps, single-tier beds, and special toilets and showers. In addition, this category of prisoners is under constant medical control.

Thus, blind and visually impaired prisoners are provided with literature and documents on special media: “talking book”, books with raised dot font (Braille), large-print books and flat-printed publications.

Nevertheless, prosecutors find violations of the rights of people with disabilities in colonies. For example, in April 2015, the head of the Buryat colony-settlement No. 3 received a warning from the local prosecutor for violating penal legislation. It turned out that disabled prisoners who found it difficult to move independently did not have full access to the canteen, medical unit, gym and bathhouse. All of these buildings were not equipped with ramps; There was no separate shower stall for them, and normal access to the toilets was not provided. At that time, in colony No. 3 there were seven disabled people with different disability groups.

The prosecutor's office and various public organizations are actively involved in protecting the rights of prisoners in places of deprivation of liberty, including disabled people, but now representatives of the Federal Penitentiary Service will join them. To do this, they will undergo a training course, divided into two main blocks with subroutines.

The first block is called “Psychological preparation” and contains lectures on psychological support, conflict management and “techniques of mental self-regulation”. Conflictology studies the causes of conflicts and determines ways to overcome them.

FSIN employees will study the concept of conflict psychology, methods of working to resolve controversial situations between prisoners and staff, a source close to the development of the order told Izvestia. - Much attention will be paid to the prevention of psychological breakdowns: prisoners, convicts and those registered with criminal correctional inspections will be accompanied to prevent them from slipping into depression, aggression or addiction.

And so that the psychologists of the Federal Penitentiary Service themselves, passing through the difficult life stories of disabled people, their problems and experiences, do not get stress from this, they will be taught mental self-regulation, the source added.

Mental self-regulation is a person’s influence on himself through conviction, words and mental images, in order not to succumb to negative emotions, as well as ways to overcome them. Such skills are usually useful for security forces and people whose profession is associated with stress.

The second block, called “Social protection,” concerns not the inner world of disabled people, but the ways they interact with the outside world, which they will resort to after their release. It is known that people with disabilities often deliberately isolate themselves from the outside world and minimize communication with other people. Also, FSI residents will be taught the basics of the social worker profession - they will explain what documents a disabled person needs to live in freedom, how to restore lost certificates and apply for pensions and disability benefits.

At the lectures in the second section, employees will also be told about how to introduce a disabled person to leading a healthy lifestyle and force him to give up bad habits.

Each section of the thematic plan of lectures, which Izvestia reviewed, contains instructions that the program concerns not only convicted people, but also suspected and accused disabled people. In addition, we are talking about minors. This means that the new service will work not only in colonies, but also in pre-trial detention centers and in other types of penitentiary institutions under the jurisdiction of the Federal Penitentiary Service (the so-called closed zones, special schools and vocational schools, as well as temporary isolation centers for minors).

The order will take effect on January 1, 2016; accordingly, the FSIN will begin training new personnel after the New Year holidays.

Public human rights activists are still skeptical about the idea of the Ministry of Justice.

There is no human rights service in the FSIN, and we had the opportunity to verify this in front of all the heads of the service; human rights activists there have never entered into confrontation even with the regional leadership, says human rights activist and member of the advisory council at the Prosecutor General’s Office Valery Borshchev. - I don’t think that with such a staffing they will be able to organize effective work in relation to such a group of convicts as disabled people.

Experts believe that the emphasis when training human rights defenders should be on psychology.

Prisoners with disabilities usually occupy low positions in the prison informal hierarchy, so they need psychological help,” member of the All-Russian Council for Psychotherapy, psychotherapist Mark Sandomirsky told Izvestia. - On the one hand, disabled people cannot stand up for themselves; they can be put under pressure, exploited, and their parcels taken away from them. On the other hand, they themselves can show aggression, trying to prove something to others about themselves.

He believes that knowledge of the basics of psychological self-regulation is important not only for employees of the Federal Penitentiary Service, but also for the disabled themselves.

It is precisely people with disabilities who need the basics of self-regulation - these are very simple activities aimed at overcoming negative emotions, giving them a safe way out, emotional release,” Sandomirsky said. - This is especially true for aggressive emotions such as anger.

Creation of improved (in accordance with the requirements of penal legislation) conditions for accommodation and meals for disabled prisoners of groups 1 and 2. If there are opportunities through additional sources, the creation of slightly improved conditions for older convicts than for others.

Creation of all necessary sanitary and living conditions for convicted disabled people and the elderly to observe daily personal hygiene, wash in the bathhouse and carry out the necessary walks.

When working with elderly convicts and people with disabilities, one should rely on their inherent positive qualities (their experience, knowledge, general erudition, etc.) in order to neutralize the negative characteristics of age and illness. This can be achieved if we proceed from the basic principle of social work with this category of convicts - to make the life of these persons active. Elderly people are impressed by the fact that correctional institution employees consult with them, listen to their opinions, trust them to carry out responsible personal and collective assignments, etc.

According to Art. 103 of the Penal Code of the Russian Federation, convicted men over 60 years of age and convicted women over 55 years of age, as well as convicted persons who are disabled people of the first or second group, can be employed only at their request in accordance with the legislation of the Russian Federation on labor and the legislation of the Russian Federation on social protection of disabled people . Therefore, when involving this category of convicts in productive work, it is necessary to take into account the physiological capabilities of the aging organism and the general state of psychophysical functions (memory, perception, thinking, imagination, attention), as well as the motives of their work activity, based on the habit of work activity (boring without work) ; a sense of public duty (team, employees asking for help); the desire to provide for oneself financially; feeling of interest in the success of the team. When selecting work for elderly and disabled convicts, it should be borne in mind that over the years, when choosing a profession, the role of working conditions increases and the importance of its attractiveness decreases somewhat. Effective labor rehabilitation of elderly convicts and disabled people is achieved by maintaining a measured work rhythm.

Proper organization of social and hygienic measures, including
and constant control over the health of elderly convicts and disabled people, medical care, prevention of psychopathological senile deviations and senile insanity by engaging elderly convicts and disabled people in socially useful activities.

Involvement in social work or voluntary work. From the point of view of health prevention for this category of convicts, sudden changes in lifestyle in connection with a transition to another type of work activity or release from work due to illness or decrepitude are unacceptable. Such sudden changes cause states of stress that the body cannot always cope with. Involvement, taking into account the state of health, into any types of socially useful activities: assignments to participate in socially useful work without pay, provision of paid work on a part-time basis. Involvement in the work of amateur organizations. Involvement in carrying out one-time assignments. Appointment of responsible persons from among them for any specific area of work on a voluntary basis.

Creation of mutual assistance groups and ensuring the activities of assigned convicts from the social assistance section to serve this category of convicts, who can participate in carrying out activities to ensure proper household, sanitary and hygienic and other necessary measures for the disabled and elderly.

To maintain a certain level of intellectual functioning, it is important to involve disabled and elderly convicts in self-education. The preservation of psychophysical functions is achieved through feasible activities and occupational therapy, the development of intellectual interests, and the constant expansion of erudition.

The organization of free time and leisure for elderly and disabled convicts should pursue two goals: creating the best conditions for restoring physical and mental energy and maximizing the use of free time in activities that contribute to the development of their social interests. Employees are obliged to teach the elderly and 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.

Organization and implementation of health-improving and preventive measures with them, including, along with purely medical measures, socio-psychological and socio-pedagogical measures. When organizing them, it is necessary to take into account the specific interests and needs of this category of convicts. It is advisable to periodically bring them together on a colony scale, since elderly convicts and disabled people pay special attention to the state of their health and try to find means of maintaining it.

Organization of a series of lectures and conversations on medical and social topics. In the club
colonies and in the library, and, if necessary, in detachments,
equip corners or stands with special medical and educational literature, clippings from periodicals, health education posters, specially designed for elderly prisoners and people with disabilities: “Society needs your experience and knowledge”, “For active aging”, “How to maintain health in the elderly” age”, “How to cope with a serious illness”, etc.

Involvement in cultural work, participation in amateur performances, design of visual propaganda, work of the editorial board, book promotion, repair of existing book stock, self-education.

Involvement in feasible physical education and sports. Participation in competitions in chess, checkers, arm wrestling, and other sports.

Carrying out activities for practical legal preparation for release from places of imprisonment, social and living arrangements (return of lost housing) after release.

Carrying out activities for this category of convicts to distribute and ensure the receipt of various types of assistance received on a charitable basis from various non-governmental organizations.

Special attention must be paid to the psychological and practical preparation of elderly and disabled convicts for release from correctional institutions who do not have families or relatives. Preparatory work is being carried out with these persons to send them to homes for the elderly and disabled after their release from the correctional facility. It is important not only to properly prepare the relevant documents, but also to tell the convicts what these institutions are and what the order of life is like there. It is advisable to read letters from convicts who were previously released and sent to nursing homes. There are special norms and rules of behavior that must be followed. In institutions of this type, constant control is established over compliance with the order of movement of wards by management, doctors, and the police officer on duty. Every elderly or senile convict or disabled person must clearly understand where he is going after his release, what awaits him, what conditions are there and how he should behave in them. Persons who are frail and decrepit, disabled people who are unable to independently go to their place of residence after release are accompanied by medical service personnel.

Providing assistance in the selection of appropriate clothing and footwear, supplied through charity or specially ordered through various organizations, to provide for disabled and elderly people being released from correctional institutions.

Thus, carrying out social work with convicted disabled people is an important component of all social work carried out in the penitentiary system, and its effectiveness can also be significant in addressing issues of preventing and reducing recidivism in our country.

Work on preparation for release and social adaptation of persons released from correctional institutions.

1. Organization of classes for convicts at the School to prepare for release. This subsection will include the preparation of the program, its approval and the involvement of forces, including external ones, for the implementation of planned activities in the named School.

2. Conducting individual interviews with each of the released convicts. Social service employees must plan and draw up a special schedule in accordance with which these conversations will be conducted.

3. Interaction with territorial employment services at selected places of residence of convicts being released from correctional institutions. It was necessary to indicate activities related to business correspondence, visits by employees of the social service of the correctional institution to territorial employment services, invitation of representatives of employment services to the correctional institution, their participation in the organization of vocational training for convicts

4. Interaction with social protection services for the placement of elderly and disabled persons released from correctional institutions into boarding homes. In this subsection, activities are planned and the names of convicts who intend to live in boarding schools after their release are indicated.

5. Assisting convicts in obtaining passports and all other
necessary documents. Reflect regular and urgent (out of turn) activities related to the organization of work to obtain passports for convicts.

6. Providing social assistance in employment and everyday life to convicts released from correctional institutions on parole.

7. Interaction with government and non-governmental organizations in conducting social work with convicts on release and preparing for their release.

local government bodies;

enterprises of various forms of ownership;

public organizations;

religious denominations;

boards of trustees;

public formations of relatives of convicts

A special place is occupied by the social adaptation of those released from serving a sentence, which includes the following three stages.

1. Adaptive stage when a person released from serving a sentence resolves life problems related to everyday life and work. This initial stage of development after release from punishment is the most difficult and sometimes decisive. When faced with difficulties in everyday life and when getting a job, those released from serving their sentences turn for help to their former friends, who involve them in new crimes.

2. Stage of mastering socially useful roles associated with the psychological and moral difficulties of those released from serving a sentence. During this period, a change in his social roles and functions occurs, and there is a need to change established skills and habits. Often people, especially those who have served a long term of imprisonment, adapt to a new social environment with great internal tension, psychological breakdowns, and constant stressful conditions.

3. Legal adaptation stage on which the necessary and useful views, habits, inclinations, values, desire to work honestly, accurately and steadily fulfill the requirements of laws and moral and ethical standards take place in the psyche. We are talking about consolidating the positive results of correctional labor achieved during the execution of punishment and achieving the goals of correcting the convicted person.

One of the main directions in the fight against recidivism is to provide assistance to persons released from punishment in finding work and everyday life. This applies not only to post-penitentiary adaptation, but also to all persons who have served a sentence involving restriction of freedom. Professional readaptation associated with finding a job and choosing a profession, as a rule, is not always successful.

Characteristic features of social adaptation those released from serving their sentences are the following:

1. occurs after release from punishment associated with deprivation or restriction of freedom;

2. this socio-psychological process begins from the moment the convicted person is released from punishment and ends with the achievement of compliance between the expectations and requirements of society (individual social groups) and the behavior of the previously convicted person;

3. the task of social adaptation of persons released from punishment is to introduce them to life without legal restrictions associated with punishment in a new or changed former social environment, presupposing their free and voluntary submission to the regulatory requirements of this environment and criminal law norms;

4. social adaptation of those released from punishment also depends on the adaptive skills and abilities inherent in the individual initially and brought up in the conditions of execution of punishment;

5. the success of social adaptation of those released from serving a sentence largely depends on the relationship between the system of personal attitudes of the released person and the requirements imposed by the environment (work collective, immediate everyday environment, family);

6. Social adaptation of those released from punishment can be ensured only if there is a positive interdependent social orientation of the microenvironment and the personality of the convicted person, compatibility of social expectations of the environment and moral positions, value orientations of the individual.

The liberated person has to overcome numerous obstacles, both internal, subjective, and external, beyond his control. They make up adaptation problems(or adaptation problems), which fall into two categories.

Another group of problems is associated with the liberated person’s entry into a new microenvironment - family, work collective, and immediate everyday environment.

In the first, as a rule, situations determined by objective circumstances independent of the will of the released person (lack of housing, difficulties in finding employment) prevail. In the second, the decisive role is played by the personal qualities of the person and his behavior, i.e., subjective factors.

In a number of regions, by decision of local authorities and management, individual organizations have been created

Center for social adaptation of persons released from prison. (provides temporary housing in a men's shelter for 40 people (accommodation for up to 6 months). Provides assistance in finding employment and assistance in obtaining registration.

Center for social rehabilitation, the main purpose is to instill skills in responsible behavior of convicts immediately before release

Specialized hostel for short-term accommodation (Kaliningrad, Yaroslavl)

Resocialization Center for persons returning from MLS (St. Petersburg)

Night stay houses, etc.

In accordance with Federal Law No. 64-FZ of April 6, 2011 “On administrative supervision of persons released from places of deprivation of liberty,” administrative supervision is carried out with the goal of preventing crimes by these persons and providing them with the necessary educational influence.

Administrative supervision is established by the court in relation to an adult who is released or released from prison and has an outstanding or unexpunged criminal record for committing:

1) a grave or especially grave crime;

2) crimes in case of repeat crimes;

3) an intentional crime against a minor.

The following administrative restrictions may be imposed on a supervised person:

2) prohibition of visiting places of mass and other events and participation in these events;

3) prohibition of staying outside a residential or other premises that is the place of residence or stay of a supervised person at a certain time of the day;

5) mandatory attendance from one to four times a month to the internal affairs body at the place of residence or stay for registration.

The establishment by the court of an administrative restriction in the form of mandatory appearance from one to four times a month to the internal affairs body at the place of residence or stay for registration is mandatory.

Administrative supervision is established for a period of one to three years, but not exceeding the period established by the legislation of the Russian Federation for expunging a criminal record;

Administrative supervision may be extended for a period of up to six months, but not beyond the period established by the legislation of the Russian Federation for expunging a criminal record.

Administrative supervision is established by the court on the basis of an application from a correctional institution or internal affairs agency, extended by the court on the basis of an application from the internal affairs agency, and terminated early by the court on the basis of an application from the internal affairs agency.

Administrative supervision may be extended by the court in connection with the commission by the supervised person within one year of two or more administrative offenses against the order of management and (or) administrative offenses encroaching on public order and public safety and (or) on public health and public morality.

Monitoring of the supervised person’s compliance with the administrative restrictions established in relation to him, as well as his fulfillment of the duties provided for by this Federal Law is carried out by the internal affairs body at the place of residence or stay of the supervised person.

From January 1, 2017, a new type of criminal punishment not related to imprisonment will appear in Russia - forced labor.

As an alternative to imprisonment, forced labor will be imposed by the court for a period of two months to 5 years for committing crimes of minor and medium gravity or for committing a serious crime for the first time. The FSIN compares forced labor and stay in correctional centers to the work of shift workers who work away from home, living in dormitories.

The main restrictions that apply to convicts: they will not be able to independently choose a job, quit or change jobs, without permission from the administration to leave the correctional center. The regime of a correctional center cannot be compared with a colony. Convicts live in regular dormitories, and after serving one third of the sentence, if there have been no violations, the convict may be allowed to live outside the center with his family, but within the municipality where the correctional center is located.

Mobile phones and the Internet are allowed in the center. If they feel unwell, the convicts themselves will go to ordinary doctors according to their medical insurance.

Convicts are subject to all provisions of social and pension legislation, including the Labor Code. They receive a salary, from which, by court decision, from 5% to 20% will be withheld from the state. Funds will also be withheld for enforcement proceedings if there are claims satisfied by the courts. Convicts have the right to paid leave for a period of 18 working days after the first six months of work. Only those sentenced to forced labor who do not have penalties are allowed to spend this leave outside the correctional center.

And one more important difference from general regime colonies: convicts can leave the territory of the correctional center and even live outside of it. However, they will not be able to leave at any time: convicts will be required to stay on the territory of the correctional center and leave it only during working hours - if they work for some third-party organization.

In correctional centers, convicts work without security, but they are supervised. They have the right to move freely around the city, but are required to live in the center. Moreover, after serving one third of the sentence, with the permission of the administration of the institution, they can live at home, if, of course, it is located nearby.

A separate section of the correctional center was created on the basis of the colony-settlement N6 in Sterlitamak. It cost 16 million rubles. The funds were spent on repairing and repurposing the building, purchasing furniture and household appliances.

Convicts will live in cubicle-type premises designed for 6-8 people. The established norm per person is at least four square meters of living space. In general, the center can accommodate one hundred people: 64 men and 36 women.

In the center itself we will be able to employ up to 60 people. Some of them go to the vegetable processing workshop already operating in colony-settlement N6. It produces pickled tomatoes and cucumbers, sauerkraut, and marinades. Last year, the workshop processed 387 tons of vegetables.

For another part of the convicts, there will be work at the enterprises of Sterlitamak; there is a preliminary agreement on the employment of 70 people. Even if the correctional center is completely full, no one will be left idle.

Prisoners mainly work in the production of metal or wood products. The base and machines have been preserved since Soviet times. Now we are planning to master agriculture. We now have two colonies with an agricultural focus: KP-6 in Sterlitamak and KP-5 in Ufa. They have land plots, a greenhouse, and a small cannery for the production of vegetables.

SOCIAL ASSISTANCE
DISEASE
DISABLED PERSON
CORRECTIONAL INSTITUTION
CONVICTED
PSYCHOLOGY
PSYCHOLOGICAL CRITERION

The article examines the main aspects of the characteristics of convicted disabled people according to psychological criteria. Some problems of convicted disabled people held in correctional institutions of the penitentiary system are shown.

Medical and psychological support for convicts who are disabled
Characteristics of convicted disabled people according to psychological criteria
Changing the identity of convicted drug addicts of the group
Some aspects of organizing psychoprophylactic work with convicted drug addicts

Medical and psychological support for convicted disabled people in penitentiary institutions of modern Russia is actively developing as a special type of activity to provide medical, sanitary and socio-psychological assistance and support to this category of convicts. For this purpose, medical and sanitary units, psychological laboratories, departments of socio-psychological work, groups for social protection and recording the work experience of convicts have been created and are functioning in correctional institutions.

Convicts with disabilities have a state-guaranteed right to the provision of qualified medical and social assistance, the implementation of various types of restorative and rehabilitation measures of a medical nature, including through medical and medical-social examination. Legislation provides people with disabilities equal opportunities with other citizens in the implementation of civil, economic, political and other rights and freedoms provided for by the Constitution of the Russian Federation, as well as in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation. Measures and forms of support for people with disabilities apply to all categories of citizens, including convicts serving a criminal sentence in the form of imprisonment. At the same time, the special nature of the execution of deprivation of liberty (that is, the organization of a special penal process, including the stage of release and post-penitentiary resocialization) and preparation for release is determined by the sign of disability of the individual serving a criminal sentence.

Activities to provide convicts with medical and psychological assistance, support, protection for the purpose of their correction and resocialization during the execution of a criminal sentence, as well as adaptation to society after release, are a priority in work in a correctional institution, especially with such a category as convicted disabled people

The Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955, state that “the legislator should ensure that prisoners, during and after serving their sentences, retain the maximum rights in the field of social security, social benefits and other civil interests.” Preserving the maximum rights in the field of providing for convicted disabled people, as recommended in fundamental international documents, is an expression of the principles of humanism and social justice in penal law as it relates to social security. The most important laws that are important for working in the penal system with convicted disabled people include, first of all, the Criminal Executive Code of the Russian Federation (1996), which fixes as a task of the penal legislation of the Russian Federation, along with others: “providing assistance convicts in social adaptation." This rule of law applies to the entire mass of convicts serving criminal sentences, including convicted disabled people.

Medical and sanitary provision for those sentenced to imprisonment is one of the integral components of the conditions for serving their sentence. It is organized in accordance with Art. 101 of the Penal Code of the Russian Federation and the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation.”

The procedure for providing medical care to convicts, organizing and conducting sanitary supervision, using medical and preventive and sanitary institutions of health authorities and engaging their medical personnel for these purposes is established by the legislation of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, the Ministry of Justice of Russia and the Ministry of Health and Social Development of Russia. Medical and sanitary provision for convicted disabled people involves an external examination by a medical worker upon their arrival at a correctional institution in order to identify bodily injuries. Then newly arrived convicted disabled people undergo comprehensive sanitary treatment and are placed in a quarantine room, where they undergo a medical examination within 24 hours, and are subject to medical observation for up to 15 days. If infectious patients are identified during this period, they are immediately isolated in a medical unit or hospital, and a set of anti-epidemic measures is carried out in the institution. Convicts with disabilities in quarantine departments undergo mandatory medical examination, which includes examination by medical specialists, X-ray fluorography and laboratory testing. The results of the examination are recorded in the medical outpatient card of the convicted disabled person and are taken into account when distributing them among units and types of work.

During the execution of punishment, medical and sanitary care for convicted disabled people includes: outpatient and inpatient treatment, medication provision and sanitary supervision.

Outpatient treatment of convicted disabled people is carried out in the medical units of correctional institutions. Admission of convicted disabled people to them is carried out by appointment and as prescribed by medical staff in accordance with the operating hours of the medical unit. The structure of the medical unit usually includes: a pharmacy, an outpatient clinic, a hospital with a diagnostic laboratory, dental, therapeutic and other offices, an infectious disease isolation ward, etc. Convicts with disabilities take medications received from relatives strictly according to medical indications and only under the supervision of medical staff.

Inpatient treatment of convicted disabled people is carried out in treatment and preventive (interregional and regional hospitals for convicted prisoners, specialized tuberculosis hospitals) and medical correctional institutions (medical correctional colonies for convicted tuberculosis patients). They have the appropriate equipment, a staff of doctors and the status of a colony with the rights of a medical institution. In cases where the necessary medical care cannot be provided in medical and preventive institutions and medical correctional institutions, as well as in emergency cases, convicted disabled people may be sent, subject to the requirements of security and supervision, to territorial medical and preventive institutions of health authorities.

In addition, convicted disabled people, at their request, can receive any additional treatment and preventive care, paid for at their own expense, provided by health care specialists in the conditions of treatment and preventive institutions and medical correctional institutions. Payment for additional treatment and preventive care is carried out by postal (telegraphic) transfer of money from the personal account of a convicted disabled person to the address of the medical institution or medical specialist who provided it.

In correctional institutions, strict compliance with sanitary, hygienic and anti-epidemic standards and requirements is ensured. The administration of correctional institutions is responsible for the implementation of established sanitary, hygienic and anti-epidemic requirements that ensure the protection of the health of convicted disabled people.

The cases of refusal of convicted disabled people to eat food, which endangers their lives, led to the enshrinement in Art. 101 of the Penal Code of the Russian Federation provisions on forced feeding of a convicted disabled person for medical reasons.

In all types of correctional institutions, with the exception of a special regime correctional colony for convicts sentenced to life imprisonment and prisons, where all convicts are kept in cells, convicted disabled people are kept in ordinary residential premises, where they are housed in detachments or teams. Convicts with disabilities of groups I and II are provided with improved living conditions. As a rule, these can be separate premises where convicted disabled people are accommodated.

In correctional institutions there are people with visual impairments, hearing impairments, amputees, and people with general and occupational diseases. They have the opportunity to regularly receive medical care in a correctional institution; they can be placed in an inpatient medical unit of the colony, as well as in a special hospital or medical correctional institution. Keeping this category of convicts in places of deprivation of liberty requires the creation of certain conditions, proper care for them, as well as material costs.

Penal legislation provides for working convicts with disabilities of groups I and II, as well as elderly convicts, certain benefits:

increasing the duration of annual paid leave to 18 working days;
recruitment to work without pay only at their request;
increasing the size of the guaranteed minimum to 50% of their accrued wages, pensions and other income.

Many positive examples from the activities of the penitentiary system can be cited when convicted disabled people themselves actively participate in leisure cultural, physical and sports events, as well as in the activities of public amateur groups to assist penitentiary administrations in various areas of activity.

Thus, it is impossible to separate social work from medical and psychological support when working with convicted disabled people, and all of the above confirms the existence of legal norms in the penal code of the Russian Federation that establish the basis for working with convicted disabled people in the penal system of the Ministry of Justice of Russia, which are reflected in: the Constitution of the Russian Federation; regulations of the Ministry of Justice of Russia regulating issues of social work; regulations of the Federal Penitentiary Service, its main departments and departments; local regulations adopted by the administration of correctional institutions of the penal system on issues of medical, sanitary and socio-psychological support for convicts.

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Chapter 1. LEGAL NATURE OF SOCIAL ADAPTATION OF CONVICTED CONVICTS

1.1. The concept and content of social adaptation of disabled people released from correctional institutions.

1.2. Russian legislation on social adaptation of disabled prisoners (history and current state).

Chapter 2. CHARACTERISTICS OF THE PERSONALITY OF A DISABLED CONVICTOR SERVING A PUNISHMENT OF IMPRISONMENT

2.1. Socio-demographic characteristics of the personality of a disabled prisoner.:.

2.2. Criminal legal characteristics of the personality of a disabled convict.

2.3. Criminal-executive characteristics of the personality of a convicted disabled person.

Chapter 3. ORGANIZATIONAL AND LEGAL PROBLEMS OF SOCIAL ADAPTATION OF DISABLED PEOPLE RELEASED FROM CORRECTIONAL INSTITUTIONS

3.1. Legal regulation of preparation for the release of convicted disabled people.

3.2. Legal and organizational problems of the system of social adaptation of convicted disabled people after release from correctional institutions.

Recommended list of dissertations

Legal regulation of the labor and living arrangements of 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 imprisonment 2008, Candidate of Legal Sciences Andreeva, Yulia Vasilievna
Problems of social adaptation of persons released from correctional institutions: 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 state 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 imprisonment: criminal legal, penal and criminological aspects 2008, candidate of legal sciences Denisov, Sergey Vladimirovich

Introduction of the dissertation (part of the abstract) on the topic “Legal and criminological aspects of social adaptation of disabled prisoners”

Relevance of the dissertation research topic. 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; more than 500 million of them are officially registered. In Russia, there is currently a tendency to exceed this ratio; 10.8 million people with disabilities are registered, about half of whom are under the age of 40 (more than 45%). More than one million people are recognized as disabled each year, and the increase in the number of disabled people among people of working age is of great concern.

In recent years, the world's understanding of the problem of disability and, accordingly, approaches to solving it have changed. Thus, now disabled people are recognized not only as persons whose ability to work is reduced or lost, but also as persons who have other limitations in their ability to live (self-care, movement, communication, orientation, control of their behavior, learning). All this required radical changes in government policy towards people with disabilities. As a result, there has been a steady desire for structural restructuring and reorganization of examination and rehabilitation services for people with disabilities, the development of a rehabilitation industry system and the formation of a domestic market for rehabilitation services provided to people with disabilities. One of the directions of state policy in this area is the social adaptation of disabled people and the implementation of their labor rehabilitation. Moreover, the problem of the legal status of persons with disabilities and the creation of conditions for their normal life activities is becoming increasingly acute in the country every year, requiring an immediate solution.

One of the most difficult socio-legal and criminological problems is the social adaptation of disabled prisoners released from correctional institutions after serving a criminal sentence of imprisonment. The solution to this problem is directly related to the issues of combating recidivism. The proportion of disabled convicts serving sentences in prisons tends to increase. Of all the categories of people 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 convicted disabled people.

Deprivation of liberty, being the most serious type of criminal punishment, significantly limits the rights of convicted persons, leading to their desocialization and loss of socially useful skills and properties. Disabled people turn out to be the most vulnerable category not only in places of imprisonment, but also after release.

In Russia, the direction of social adaptation of disabled people remains one of the weakest links in the complex of rehabilitation measures; the problem of adaptation and the implementation of 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. Major changes in this regard occurred in connection with the adoption in 1996 of the Criminal Executive Code of the Russian Federation (PEC RF) and Russia's accession to the Council of Europe. The new Penal Code of the Russian Federation contains an independent chapter that defines the fundamentals of the legal status of convicts; for the first time, it guarantees the right to social security for convicts, including disabled people sentenced to imprisonment.

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 our country’s accession to the Council of Europe. The provisions of international legal acts on human rights, treatment of convicted persons, 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 in the social security of convicted persons with disabilities, significantly influenced the national penal legislation, its improvement. This cannot but arouse scientific and practical interest. Russia has committed itself to more consistently implementing in legislation and in practice generally accepted norms that form the legal basis for the activities of the world community, and above all, provisions relating to ensuring the rights and freedoms of man and citizen, including the right to social security for convicted disabled people. The Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955, state that “the legislator should ensure that prisoners, during and after serving their sentences, retain the maximum rights in the field of social security, social benefits and other civil interests.”

Preserving the maximum rights in the field of social security for convicted disabled people, as recommended in fundamental international documents, is an expression of the principles of humanism and social justice in penal law as it relates to social security. In addition, the right to social security, social and legal rehabilitation of convicted disabled people, enshrined in the Constitution of the Russian Federation, federal laws, and the Penitentiary Code of the Russian Federation helps to ensure a minimum level of existence of these categories of convicts while serving their sentences and at the same time achieving professional and targeted interests, such as ensuring the regime in places of deprivation of liberty, providing corrective influence on convicted disabled people, preventing them from committing new crimes, their successful adaptation after release from serving their sentences.

The need to form a more effective mechanism for legal regulation of social adaptation of disabled prisoners, 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 dissertation research topic. Issues of social adaptation of disabled prisoners after release from correctional institutions 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 release from a correctional institution (PI), without focusing on the personality and organizational and legal characteristics of such a category as disabled convicts. Taking into account the fact that the social adaptation of disabled prisoners 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 turn to scientific works that examine its various aspects. Problems of social adaptation of convicts, including disabled people, received some coverage in the works of V.I. Gorobtsova, A.Ya. Grishko, V.I. Guskova, M.G. Detkova, G.D. Dolzhenkova, Yu.V. Zhulevoy, S.I. Zeldo-va, B.B. Kazak, B.P. Kozachenko, A.S. Mikhlina, G.L. Minakova, A.E. Natasha-va, S.B. Poznysheva, A.T., Potemkina, A.I. Reshetnikova, M.S. Rybaka, V.I. Seliverstova, E.V. Seredy, H.A. Struchkova, Yu.M. Tkachevsky, V.M. Trubnikova, V.A. Tenturista, I.L. Trunova, I.Ya. Foinitsky, A.B. Chernysheva, I.V. Shmarova, V.E. Yuzhanina and others.

There have been no special studies devoted to the social adaptation of disabled prisoners of a complex intersectoral nature, which determined the choice of the topic of the dissertation research.

All this necessitates an in-depth development of a number of fundamental provisions relating to the social adaptation of convicted disabled people, 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 convicts with disabilities and make conceptual proposals for improving penal legislation in this direction, which will contribute, in our opinion, to increasing the level of law enforcement activities of institutions and bodies executing punishments, strengthening guarantees of respect for the rights and legitimate interests of the considered categories of convicts.

The object of the study is social relations arising in connection with the social adaptation of disabled prisoners after release from correctional institutions.

The subject of the study is the norms of criminal, penal law, and other branches regulating the implementation of social adaptation of convicts after release from correctional institutions, as well as socio-demographic, special criminological and other properties and personality traits of a convicted disabled person, affecting the effectiveness of his social adaptation.

The purpose of the dissertation research is to develop socio-legal, organizational and special criminological measures for the social adaptation of disabled prisoners, to identify the most criminogenic risk factors for committing new crimes by these persons, as well as to develop proposals and recommendations for improving this socio-legal institution.

To achieve this goal, the following tasks were set:

Determination of a complex of special criminological and social adaptation 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 determination of differences in these parameters with comparable characteristics of criminals who are not disabled;

Development of measures to improve the prevention of crimes by disabled people, depending on compliance with differentiated risk factors for committing a crime, identification of ways to optimize the use of the results of a criminological study of the personality of a disabled criminal in the prevention of relapse of crimes, social adaptation after release from serving a sentence:

Research of the legal framework (including in the historical aspect) regulating the protection of the rights and interests of disabled prisoners and the practice of its application;

Definition of the concepts “social adaptation”, “rehabilitation”, “re-socialization” in relation to a disabled prisoner;

Identification of ways to improve legislation on the legal status of disabled prisoners 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 special scientific methods arising from it: comparative legal, formal logical. In order to obtain reliable and scientifically based results, historical, comparative legal, systemic and statistical research methods were comprehensively used. 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 procedural, and penal law; works devoted to the criminological doctrine of the personality of a convicted person in general and a disabled convicted person in particular, ways and means of preventing recidivism.

The normative basis of the study was made up of normative legal acts at various levels: international legal acts on human rights, including those defining the basis of the legal status of convicts; Constitution of the Russian Federation; current criminal, criminal procedural, criminal executive legislation; legislation on the judicial system of the Russian Federation; departmental regulations, decisions of plenums of the Supreme Court of the Russian Federation.

The scientific novelty of the study lies in the fact that it represents a scientific solution to the problem of social adaptation of disabled prisoners after serving a 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 executing criminal punishments and other government bodies for the adaptation of disabled prisoners.

The work established and analyzed a complex of personal characteristics and social adaptation of disabled prisoners. The structure and nature of crimes committed by disabled people are presented, the connection with their quality of life is revealed, the correlations of clinical personal and social-adaptive characteristics in a series of crimes are analyzed, and new data are obtained on the formation of the social danger of recidivism in 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 is shown when people with disabilities commit crimes.

Main provisions submitted for defense:

1. Definition of the concept of 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, consequences of injuries or defects that have led to limitation of life activity and necessitate his social protection, recognized as such in the prescribed manner, convicted of a crime.

2. Characteristics of the historical stages of development of Russian legislation and the practice of its application in the field of social adaptation of disabled people released from prison.

3. Criminological portrait of the personality of a disabled convict.

4. The concept of social adaptation of disabled prisoners after serving a sentence of imprisonment. Social adaptation of convicts with disabilities is a complex of resocialization measures carried out after their release and aimed at ensuring their perception of the values, social norms, laws and rules of society existing in society, the assimilation of socially useful roles, the development of socially acceptable ways of interaction in everyday life and work groups , 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 as follows: “Disabled convicts in need of inpatient treatment and who are in hospitals and departments for inpatient treatment of the penal system are sent, on the basis of a medical report and a presentation from 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 disabled people released from prison, reluctance of relatives to accept them, etc.), legal (lack of a regulatory framework on 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 proposed appropriate measures to eliminate them.

The validity and reliability of the results of the dissertation research are determined by the empirical data obtained by the author in the process of studying and generalizing practice.

Using a specially developed questionnaire, 550 disabled people serving criminal sentences in the form of imprisonment in correctional institutions of various types of regime in the Bryansk, Rostov, Ryazan and Smolensk regions were interviewed. All convicts who were not disabled were selected as control groups (based on materials from a special census of convicts in 1999). In addition, materials from more than 200 criminal cases were studied.

Based on the assigned tasks, a standardized map was compiled, which recorded formalized characteristics, including passport data, clinical features of the disease, personal, social-adaptive and criminological-situational characteristics necessary for systemic-structural analysis.

The results obtained were processed using the method of variation statistics in order to determine the hierarchy of their significance and relationship in the system of the causal complex of the risk of committing a crime. A criminological study of the personality of a disabled convict, its results are also based on the observations of the applicant during the research in correctional institutions.

The empirical basis of the study also included data on the state and dynamics of crimes committed by the studied category of persons on the territory of the Russian Federation for 2002-2005.

The work uses quantitative and relative indicators obtained by other authors during the study of problems related to the research topic, statistical data on the activities of the penal system and social services.

Theoretical and practical significance of the study. The theoretical significance of the dissertation research lies in the scientific substantiation and study of an actual problem - the social adaptation of disabled prisoners after release from criminal punishment in the form of imprisonment, which required a comprehensive analysis of the legal and organizational aspects of this problem, a study of the personality of a disabled prisoner serving imprisonment.

The results of studying the personal properties of disabled convicts contribute to the theory of the personality of the convict in general and the personality of the studied category of criminals in particular. Its typological characteristics allow special and other subjects of preventive activities 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 disabled prisoners.

On this basis, scientific conclusions have been made about the need to improve the institution of release and preparation for release of convicts and certain, most socially vulnerable categories in penal legislation.

The dissertation research makes a certain contribution to the theory of penal law and criminological science; fills the gap in the study of social adaptation of disabled prisoners and the prevention of recidivism of this type; makes proposals aimed at further improving 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 penal legislation; conducting further scientific research on the problems of protecting human rights in the penitentiary sphere, specifying the forms and methods of social adaptation of disabled prisoners after release from correctional institutions. The obtained research data can be the basis for drawing up individualized programs for social adaptation and comprehensive rehabilitation of disabled prisoners, preventing 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 prisoners and 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 courses “Criminal-Executive Law”, “Criminology and Crime Prevention”, a special course “Ensuring human rights in the penal system and other law enforcement agencies”, as well as in preparing methodological recommendations and training manuals on this issue.

In addition, the provisions of the dissertation can be used in the process of training personnel for the penal system.

Approbation and implementation of the dissertation research results. The research materials, its main conclusions and proposals were reflected in the author’s speeches at seminars and scientific and 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 into the activities of institutions and bodies executing 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 research. A scientific work consists of an introduction, three chapters, including seven paragraphs, a conclusion, a list of references and applications.

Similar dissertations majoring in Criminal Law and Criminology; criminal-executive law", 12.00.08 code VAK

Resocialization of prisoners sentenced to imprisonment: Problems of theory and practice 2001, Doctor of Law Rybak, Mikhail Stepanovich
Organizational and legal issues of parole for those sentenced to imprisonment 2005, Candidate of Legal Sciences Plyusnin, Andrey Meletievich
Legal status of persons released from serving a sentence of imprisonment under the amnesty act 2011, Candidate of Legal Sciences Seliverstov, Ivan Vyacheslavovich
Legal issues of preparation for release of convicts with tuberculosis and their social adaptation 2003, Candidate of Legal Sciences Reshetnikova, Antonina Ivanovna
Problems of execution of punishment in a general regime correctional colony for women sentenced to imprisonment 2003, candidate of legal sciences Abasova, Siyibat Abasovna

Conclusion of the dissertation on the topic “Criminal law and criminology; criminal-executive law”, Gadiev, Huseyn Asker-ogly

The results of the study allow us to present the following socio-demographic characteristics of disabled prisoners.

1. The vast majority of disabled people who commit crimes are men. The share of women in the group we studied was slightly more than 3% of the total number of disabled prisoners.

2. The largest proportion among disabled convicts serving a sentence of imprisonment are persons aged 20 to 39 years - 44.7%. Their percentage is significant among elderly people - 55 years or more (12.6 and 18.5%, respectively).

At the same time, the share of disabled people who committed a crime at the age of 20-39 years is much less than the share of all criminals of this age - by 29.5%. But the latter is much greater at older ages: the share of disabled criminals aged 50 years and older exceeds the share of all criminals of this age by almost 8 times.

3. The level of education of disabled people who have committed a crime is not much higher than the indicated indicator among all non-disabled convicts (60 versus 49.8%). The average score is 9.6 and 9.5 grades, respectively. However, among disabled people there is a larger proportion of people with specialized secondary, incomplete higher education (14.5 versus 15.3%) and higher education (3.0 versus 1.2%). Due to their older age, disabled people objectively had more time to receive an appropriate education before committing a crime.

4. Depending on the type of occupation before committing a crime, people with disabilities are characterized much better than other categories of convicts. Among the disabled there are more people who worked (48.8%), while among all convicts this group was only 38%, and significantly fewer people without certain occupations (2.6 times). Among other sources of income for convicted prisoners, the main one is receiving a pension (28.8% of disabled prisoners 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 largely leads to the transfer of disabled people to the category of pensioners.

5. The overwhelming majority of disabled prisoners (72.4%) do not consider themselves believers. Only 27.6% of convicted disabled people consider themselves believers (for all convicted persons 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 useless in this life, many disabled prisoners could find solace in religious beliefs.

In addition, convicted disabled people are less susceptible than other convicted persons to professing other religions, non-traditional 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, disabled people retain their families much more often than other convicts (39.2 vs.

20.9%). However, while serving their sentences, disabled convicts are less likely than other convicts to get married (0.3 versus 9.6%).

7. Regarding the health status of disabled prisoners, it can be noted that in terms of number, disabled people of group II are in first place (66.0%); in the second - group III (27.2%); in third place are disabled people of group I (6.8%). By the nature of the disease, the ranked series is as follows: tuberculosis - 87.0%, other diseases in the sample were equally distributed - 2.6% each (stroke, amputation, contusion, head injury, paralysis of the lower extremities, heart attack). Moreover, the incidence of tuberculosis among disabled prisoners is much higher than among other prisoners (87.0 versus 12.0%).

The criminal legal characteristics of the personality of convicted disabled people are 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 essence prevail among them: being in a state of “self-defense” (23.0%), resentment (10.0%), being in state of passion (10.0%), nervous breakdown (7.5%), defense of one’s dignity, the 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 convicted persons - 78.9%); especially serious crimes - 41.3% (which is 2 times higher than the figure for all convicted persons - 20.3%).

2. The risk of recidivism for disabled people is significantly lower than for all other convicts. If among disabled people the share of people with one criminal record is 87.0%, then among all people it is only 45.5%. Disabled convicts with two convictions account for 9.5%, which is 3.7 times less than the same figure 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 previous convictions, since there are almost twice as many of them as among other convicts (2.5 versus 1.8%, respectively). It can be suggested that this trend is determined by the health status of disabled people and physical limitations on 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 first place among disabled people who have committed a crime as an accomplice are accomplices - 15.5% (among other criminals - perpetrators - 2.2%); on the second - perpetrators - 14.5% (among other criminals - accomplices - 11.6%); in the third - organizers and instigators - 1.0% each (among others - organizers - 11.1%).

The main form of complicity in which crimes are committed by disabled people is a group of persons (among other criminals - a group of persons by prior conspiracy). The second place is occupied by a group of persons in a preliminary conspiracy - 32.5% (among other criminals - a group of persons - 30.7%). It is not typical for people with disabilities to commit a crime by an organized group or as part of a criminal community (criminal organization).

4. Convicts with disabilities 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 sentences (over ten years - 12.0%). The average sentence for disabled people is 0.2 years longer than for other categories of criminals.

5. Additional types of punishment are applied to disabled convicts 4 times less often than to all convicts (4 versus 16.4%). At the same time, only one type of additional punishment is applied to them - a fine. For the majority of convicts, a fine is applied much less frequently, only in 3.9% of cases. Provided that other types of punishment were applied to the remaining convicts, this figure for disabled people may increase several dozen times. The only positive aspect is that confiscation was not applied to disabled convicts as an additional punishment, the share of which before its abolition among other convicts was 12%.

Considering the criminal-executive characteristics of the personality of convicted disabled people, the following main provisions can be reflected:

1. Among convicts with disabilities, the proportion of persons characterized negatively is significantly lower than among other convicts - 1.3 versus 18.4%. Among the disabled there was not a single malicious violator of the regime (among all convicts their share was 4.4%). At the same time, one cannot help but draw attention to the fact that among disabled prisoners, almost a third (28.5%) are characterized as neutral in relation to the requirements of the regime.

2. Convicts with disabilities 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 less actively in educational activities make up 5.4%, for the remaining convicts this figure is 36.3%. An interesting indicator is the non-participation of disabled prisoners in educational activities. It exceeds the proportion of convicts participating in educational activities by 6 times (74.1 versus 16.3%). Accordingly, the proportion of disabled convicts, according to the given criterion, who do not participate in these activities, is several times greater than the proportion of all convicts (4.5 times). We present this indicator taking into account convicts who are serving a sentence in an institution for less than six months, and therefore there is no real opportunity to evaluate them. According to our research, such convicts were 12.5% versus 14.4% among all convicts serving their sentences.

3. The third part of disabled convicts treats work conscientiously (34.0%), which is less than the share of those convicts that treat work conscientiously among other convicts (by 7.6%). At the same time, among the former there are almost three times more people who treat work dishonestly (3.2 versus 9.0%). This in many cases is explained, among other things, by the older age of convicted disabled people, which, due to objective reasons, determines 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 study indicates a large difference between disabled people and all other convicts. If among disabled people in the ranking series the first place is occupied by the indicator “Does not study for good reasons” (84.0%), then among all convicted persons - “Has a secondary education” (58.8%). Among the disabled people in the sample, there were no convicts who treated their studies dishonestly or did not study for unjustifiable reasons, while among all convicts the share of the latter was 1.9 and 5.3%, respectively.

5. Convicted persons with disabilities take less active part in the work of amateur organizations compared to all convicts: (13.2 and 35.0%, respectively). Among disabled convicts, compared to all convicts, there is a larger proportion of persons who do not participate in the work of amateur organizations; their shares are 74.2 and 61.4%, respectively. At the same time, it should be noted that 8.2% of disabled prisoners actively participate in the work of amateur organizations of convicts, while among all convicts this figure is 16.2%.

Considering the problems of preparing disabled prisoners for release, the author relies on the basic 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 people with disabilities. But, despite the legislative regulation of many issues, 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 during the period of serving imprisonment. At the same time, a number of them, aimed at ensuring an adaptation period after release, cannot actually be implemented, which is due to the state of health of these (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 a correctional institution in preparing (psychological, legal, etc.) disabled prisoners for release. Psychological barriers are indicated (anxiety, fear, boredom, apathy, irritability, etc.), organizational (lack of housing, reluctance of relatives to accept them, etc.) and legal difficulties (lack of a regulatory framework on the social adaptation of persons released from correctional institutions , etc.), preventing the normal course of the subsequent adaptation period. As a result, the dissertation author sees the need to establish, before the release of a convicted person, with the help of the administration of the correctional institution, friendly relations with relatives, work collectives (if the person being released is able to work due to the nature of the disease), increasing the number of visits, providing released disabled people with photocopies of the main provisions of the legislation, providing them with additional social guarantees, implementing obligatory visits to resolve issues of labor and living arrangements, etc.

The administration of correctional institutions, when preparing for the release of disabled prisoners, must structure classes accordingly, taking into account the peculiarities of the category. As part of the pre-release school, it is necessary to: a) conduct explanatory classes about the rules of conduct in homes for the disabled, the daily routine of such homes; b) resolve issues regarding insurance policies of this category of convicts in advance; c) form a vocational education system in correctional colonies in such a way that disabled people master specialties that could be used after release.

There is a long overdue need for the development and adoption of a law on social assistance for those released from prison, in which responsibility for the household and work arrangements of disabled people released from prison should be placed on government and administrative bodies. At the same time, it is necessary to clearly define their competence, areas of activity, coordinating functions, and reflect the prospects of focusing on a close connection with public formations. It seems that the dominant role should belong to social protection authorities.

The process of preparation for release and social adaptation of those released is briefly presented using the example of the Republic of Belarus, which, in principle, has fairly similar legislation and the practice of its application.

Despite various points of view about the structure of the social protection system for people with disabilities, including those released from prison, it currently consists of government organizations (for example, social service centers) and non-state sector institutions (charitable and religious organizations, etc.). Social protection can be provided both inpatient and semi-inpatient settings.

The needs of disabled prisoners, 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 conviction and serving a sentence.

The most typical of the special needs of disabled people is the need for: 1) restoration or compensation of impaired or lost abilities for various types of professional, everyday and social activities; 2) in a rational work and household arrangement; 3) in socio-psychological adaptation; 3) in material, household and financial support.

The author examines 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 among the general mass of law-abiding people (their spread of a criminal subculture, etc.) were analyzed. Therefore, it is proposed to establish a special system of control over their behavior with the involvement of the internal affairs bodies.

The issues of vagrancy of former disabled convicts are raised and examples of the real consequences of this antisocial behavior are given.

Legal and organizational problems of professional rehabilitation of disabled people are considered. There is an insufficient level of state policy in this direction, as well as the inaction of the mechanism for self-employment of released disabled people. The author describes the positive experience of creating public organizations for people with disabilities, which have shown their effectiveness in a number of cities.

The basis of social policy in relation to disabled prisoners is the rehabilitation direction as the main thing in the formation of the psychophysiological, professional and social potential of the disabled person for its subsequent implementation in various fields of activity. In the context of this, it is necessary to solve the following problems.

1. In the field of professional rehabilitation - to ensure a guaranteed targeted solution to the needs of disabled prisoners for professional rehabilitation based on individual specific circumstances. The forms and volumes of assistance must be adequate to the social disadvantage that characterizes a person’s situation due to health problems and conviction. At the same time, the choice of forms of vocational rehabilitation should ensure that the needs for education, vocational training, labor, etc. are met.

2. Organize work on special training (retraining) of specialists in the rehabilitation of disabled prisoners.

3. Recommend to the executive authorities of the constituent entities of the Federation and municipalities to legislatively introduce the responsibility of designers and builders for the implementation of standards for adapting housing, roads and social and cultural facilities to the needs of people with disabilities.

4. Distinguish between the competence and subjects of medical and social rehabilitation. At the same time, the regulatory provisions 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 disabled people by the state as a whole, and actually ensured 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 socio-economic problems in the life of the population, including in the field of medical and social rehabilitation of people with disabilities. The problem is that it is necessary to provide local authorities with the maximum opportunity to satisfy the legitimate interests of persons who have fully or partially lost their ability to work, ensure equal opportunities for both healthy members of society and the disabled, and guarantee disabled people access to all types of social services provided by society.

6. Amend the Federal Law “On the Profit Tax of Enterprises and Organizations”, providing for a reduction in taxable profit for organizations that allocate their own funds to provide benefits to people with disabilities.

7. It seems appropriate to adopt the Federal Law “On People with Disabilities”, which would not duplicate the provisions of the current law, but would strengthen the legal mechanisms for ensuring a decent life for people with disabilities. This law should contain norms regulating the specific legal status of disabled prisoners.

On the problems of people with disabilities, 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 prisoners in our country.

The main provisions of the legislation are also given, providing additional state guarantees for providing these persons with housing, and factors contributing to the loss of housing by disabled former convicts.

As a result of the study, we can draw a general conclusion that, in general, the system of preventive and social rehabilitation measures for people with disabilities should have as its goal 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 must be aimed at preventing the commission of crimes by these persons.

CONCLUSION

Social adaptation of disabled prisoners is an integral element of their resocialization, carried out in connection with the commission of a crime and serving a criminal sentence in the form of imprisonment. But since the person is disabled, various types of rehabilitation measures are also required.

Consequently, the social adaptation of disabled prisoners is a complex of resocialization measures after release, aimed at ensuring their perception of existing values in society, social norms, laws and rules of community life, the assimilation of socially useful roles, the development of socially acceptable ways of interaction in everyday life, work groups, 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 difficulty of adaptation of disabled prisoners after release as one of the areas of resocialization is determined by the fact that in parallel, rehabilitation of disabled people is carried out, that is, a complex of social and medical measures carried out by the state (social care authorities, medical institutions, administration of homes for the disabled), public, religious and other organizations , aimed at restoring health, physiological properties of the body, developing such communication skills, interaction with family, social environment, the state and its institutions that would allow a disabled person to lead a full life after the loss of some physiological functional capabilities caused by injury, disease, as well as restoration after release of labor professional skills, the ability to independently create living conditions caused by injury, illness, etc.

Social adaptation of a released disabled person to a certain environment, new living conditions is a complex process that consists of a number of activities aimed at developing interaction skills and resolving issues in the following areas: 1) those released from correctional institutions - family, relatives; 2) those released from the correctional facility - the environment (friends, neighbors, yard); 3) released from correctional institutions - society as a whole; 4) released from correctional institutions - production team; 5) released from correctional institutions - personnel, administration of medical institutions, homes for the disabled and the elderly; 6) those released from correctional institutions - commercial structures acting as employers, and other possible subsystems.

Considering the historical genesis of legislative regulation of social adaptation of disabled prisoners, it should be noted that it is developing in line with the system of regulations regulating the legal status of disabled people in the Russian Federation, 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 creating laws alone; therefore, it is necessary to implement 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, beginning to take shape at the turn of the 18th-18th centuries. Initially, the role of charity from private individuals and the church was great, and only later did the state take on many issues of caring for the disabled. In the 19th-20th 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 and lived near the place of execution of hard labor. A targeted policy of providing assistance to released convicts, including disabled people, was provided for in the RSFSR Penitentiary Code of 1924. Such assistance in adaptation included: the provision of various types of loans, payments, and allowances for those released to get a job for the first time; creation of night shelters, shelters, residential homes and other institutions for homeless convicts; the opening of special industries and enterprises for those who had been released, where disabled people who were able to work were also employed.

Social policy towards people with disabilities, its reflection in regulations, and provision of assistance to released convicts is purposefully formed only in the Soviet state.

The specificity of adaptation of disabled prisoners is that its regulation is largely carried out through by-laws, which is why it is necessary to expand their legislative base. The author comes to the conclusion that it is necessary to make changes to the wording of Art. 180 of the Penal Code of the Russian Federation, setting out Part 3 as follows: “Convicts who are disabled people of the first or second group, as well as convicted men over 60 years of age and convicted women over 55 years of age, at their request and representation by the administration of the institution executing the sentence, are sent by social protection authorities to homes for the disabled and elderly.

Disabled convicts who require inpatient treatment and are in hospitals and departments for inpatient treatment of the penal system are sent, on the basis of a medical report and a presentation from the administration, to medical institutions at the location of the correctional institution or the place of residence chosen by the convict after release.”

Additions and a new edition of Section 6 (“Features of preparation for release from places of imprisonment 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 are needed No. 75 “On approval of the Regulations on the social protection group and recording the work experience of convicts in a correctional institution of the penal system of the Ministry of Justice of the Russian Federation.”

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Program for working with convicted disabled people. Social work with convicts of retirement age, disabled people and the elderly

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