scholarly journals Rehabilitation of Convicts in the Mechanism of Ensuring Their Right to a Decent Life After Serving a Sentence

Author(s):  
Aleksey Fomin

International law standards of building a social state and guaranteeing each person a decent life make it necessary to develop, at the level of Russian legislation, an institute of social support for low-income ex-convicts as part of the program of their social rehabilitation after release from a penal institution. The author analyzes the essence of social rehabilitation as a legal institution, the evolution of legal regulation of social rehabilitation methods in the Russian penitentiary practice. The institute of social rehabilitation of convicts released after serving their sentences is inter-agency in its essence; it is aimed at the identification and solution of the whole complex of social and economic problems of those inmates who potentially fall into the category of the poor (or who could become low-income citizens after release). It is also aimed at providing not only psychological, but also material social support to ensure their right to a decent life, reduce their risk of falling into the category of low-income (poor) people and help their overall social adaptation after release. The effectiveness of social rehabilitation measures determines if a convict chooses the law-abiding or the criminal model of behavior after release, determines their legal consciousness and, in the end, influences the level of repeat crimes. The author singles out and analyzes the contents of social rehabilitation of ex-convicts after release from places of confinement. In the context of ensuring the right of a convict to a decent life after serving a sentence, the author pays special attention to such a component of social rehabilitation as assistance in finding employment and housing in compliance with the legislation of the Russian Federation and the normative acts of the penitentiary system. The meaning of the term «social» in the collocation «social rehabilitation of convicts» is analyzed in its modern and historical aspect. The author shows the necessity of establishing an efficient state-controlled public system of social rehabilitation for persons who are released from places of incarceration in Russia. He also identifies key directions for improving the effectiveness of the penitentiary system by taking into account the humanistic values of the socio-cultural environment and the principles of international law norms when providing social support to low-income citizens who are in conflict with criminal law, as well as by overcoming their poverty and a negative attitude to them. The author presents arguments to prove the practical value of introducing new forms and methods of correctional influence on convicts that are alternative to criminal procedure coercion, of widening the scope of additional social, psychological and educational work with convicts in penitentiary legislation with the purpose of providing social rehabilitation for convicts and ensuring their right to a decent life after serving the sentence.

2021 ◽  
Vol 97 (4) ◽  
pp. 118-127
Author(s):  
M. A. Cherevko ◽  

The article is devoted to the issues related to the study of problems of orphans and children left without parental care in the context of a pandemic (COVID-19). Analysis of the existing situation in this problem field testifies to the exacerbation of traditional contradictions, on the one hand, and the emergence of completely new ones, complicating the difficult situation with this category of the population, on the other. The article analyzes the problems faced by graduates of orphanages, generated by the conditions of the pandemic and aspects of social policy in this direction (problems of social adaptation in society, violation of the basic rights of graduates, problems of legal nihilism, the lack of a fundamental federal and regional legal framework on this issue, the lack of technical capabilities of graduates in receiving remote social support). The article highlights the need to develop mechanisms for interdepartmental interaction for post-boarding support on the territory of the Khabarovsk territory. The empirical data obtained as a result of the conducted expert survey actualizes the need for a radical change in the vector of solving problems in relation to graduates of orphanages and social support for this category of persons in the short term. The revealed contradictions in legal regulation indicate the absence of unified approach to the concept of post-boarding support as a type of social support. It was found that the organization of post-boarding support belongs to the powers of the constituent entities of the Russian Federation, which, in turn, differently carry out the legal regulation of social relations in the field of post-boarding support of orphans. The article draws the main conclusions and proposals for improving the activities of subjects on post-boarding support for orphans and children left without parental care.


Author(s):  
Ellina E. Khashchina

The legal regulation of secession – the unilateral withdrawal of a part of territory from the parent state, is carried out at the junction of two branches of law – international and constitutional. Due to the absence in most of written constitutions of norms directly related to secession, and the laconic nature of relevant principles of international law, allowing for the possibility of ambiguous interpretation, decisions of international and domestic judicial authorities on the admissibility of secession play a special role in the legal mechanisms for its prevention, which determines the relevance of the chosen themes. Based on the analysis of the Advisory Opinion of the International Court of Justice of the United Nations of July 22, 2010 “On compliance with international law of the unilateral declaration of independence of Kosovo”, we formulate a conclusion about the absence of uniform international legal criteria to determine the admissibility of secession. In our opinion, the Inter-national Court of Justice has not resolved the legal issue underlying the pro-tracted political conflict, has not created a new norm of customary interna-tional law, but has not provided the supporters of the unilateral declaration of independence with the necessary and sufficient arguments for the legal justification of their position. This allows us to speak about the importance of this decision in the international legal mechanisms for the prevention of secession, which, however, are at the stage of formation. Their development should take place synchronously with the constitutional and legal intrastate mechanisms, which in modern conditions should be aimed at finding a bal-ance between the interests of the center and regional communities, establish-ing a dialogue with supporters of independence and protecting the national and cultural identity of population.


2021 ◽  
Vol 39 (7) ◽  
Author(s):  
Oleh Hubanov ◽  
Tamara Hubanova ◽  
Hanna Kotliarevska ◽  
Mykhailo Vikhliaiev ◽  
Valerii Donenko ◽  
...  

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intellectual property it is necessary to modernize the national intellectual property system: improving the regulatory framework, improving the institutional framework and infrastructure, as well as conducting comprehensive educational work with users of this system


2021 ◽  
pp. 182-207
Author(s):  
S. F. Denysov ◽  
D. Ye. Zaika

Correction and resocialization of convicts today is a stable legal structure that has been repeatedly used in legal acts and leading research. Meanwhile, historically, “correction” has been used in domestic law alongside “re-education”. “Rehabilitation” and “reintegration” are familiar to international law. The mixing and unsystematic application of the above and a number of other legal terms is not uncommon, which encourages a more detailed study of their essence and relationship between them. The article is devoted to the research of the terms “correction”, “education”, “resocialization”, “social adaptation”, “social rehabilitation” and “reintegration”. The authors set out to focus on a generalized study of: 1) the historical context, 2) the period of existence of legal relations, defined by the relevant term, 3) the essence and content, 4) features of regulation and based on analysis of the provisions of current legislation and views in the scientific literature to outline the boundaries of each of the above terms and indicate the features of their relationship. To conduct the widest possible analysis, the authors used the current legislation of Ukraine, domestic and foreign scientific literature, dictionaries, draft laws, provisions of ECtHR decisions, and documents prepared by the UN Office on Drugs and Crime. The analysis was conducted taking into account not only the criminal-executive understanding of the above concepts, but also their philosophical, social, political, medical and so on. According to the results of the research, a generalized understanding of each of these terms was formed and compared with each other. The authors came to the conclusion that the current legislation needs to be modernized and brought in line with international regulations, where instead of “correction” and “resocialization” of convicts use the terms “social rehabilitation” and “reintegration”.


Author(s):  
Анна Николаевна Королева

Беспилотные воздушные суда и беспилотные авиационные системы становятся частью повседневной жизни, в том числе в деятельности органов и учреждений уголовно-исполнительной системы. В статье исследован исторический аспект появления беспилотных воздушных судов в России и зарубежных странах, необходимость, типовые задачи и особенности правового регулирования использования беспилотных воздушных судов в уголовно-исполнительной системе. Однако ряд вопросов до настоящего времени является предметом дискуссии и требуют правового регулирования. Современные технологии позволяют оснастить беспилотные воздушные суда различными приборами, придающими им дополнительные функциональные характеристики: приборами видео- и фотофиксации, тепловизором, громкоговорителем, оружием. В зарубежных странах сложилась разная практика регулирования: от разрешения использования беспилотных воздушных судов с оружием в правоохранительной деятельности и уголовно-исполнительной системе (США, Великобритания и др.) до протестов гражданского общества и требований законодательного запрещения использования беспилотных воздушных судов, способных причинить вред человеку. Не решены вопросы в части регулирования порядка сбора, обработки, передачи и хранения (в том числе длительности хранения) информации, полученной в ходе видео- и фотофиксации, включая передачу информации, содержащей персональные данные гражданина, в частности, его изображение. Обсуждается вопрос о соблюдении прав человека и гражданина, в том числе осужденного, при получении и использовании информации, полученной при помощи беспилотных воздушных судов в деятельности органов и учреждений уголовно-исполнительной системы. Требуется внесение изменений в процессуальное законодательство в части регулирования использования данных, полученных при помощи беспилотных воздушных судов, как доказательств, а также в целом их юридическое значение в административном, уголовном, гражданском (арбитражном) процессе. Необходимо урегулирование вопросов ответственности сотрудников уголовно-исполнительной системы, которые могут превысить полномочия с помощью использования беспилотных воздушных судов. В рамках Национальной технологической инициативы происходит активное развитие рынка АэроНет, поэтому беспилотные воздушные суда в деятельности уголовно-исполнительной системы могут стать частью этого рынка. Unmanned aerial vehicles and unmanned aircraft systems are becoming part of everyday life, including in the activities of bodies and institutions of the penal system. The article examines the historical aspect of the appearance of unmanned aerial vehicles in Russia and foreign countries, the need, typical tasks and features of the legal regulation of the use of unmanned aerial vehicles in the penal system. However, a number of issues are still the subject of discussion and require legal regulation. Modern technologies make it possible to equip unmanned aerial vehicles with various functional characteristics, ranging from video and photo capture, the availability of a thermal imager, a loudspeaker, to weapons. In different countries, different regulatory practices have developed: from allowing unmanned aerial vehicles with weapons in law enforcement and the penal system (USA, UK, etc.) to civil society protests and the requirements of the legislative prohibition on the use of unmanned aircraft that can cause harm to humans. Unresolved issues regarding the regulation of the procedure for collecting, processing, transferring and storing (including the duration of storage) of information obtained during video and photo recording, including the transmission of information containing personal data of a citizen, including its image. The issue of observing the human rights of a citizen, including a convict, is discussed when receiving and using information received by unmanned aerial vehicles in the activities of bodies and institutions of the penal system. Amendments to the procedural legislation are required in terms of regulating the use of data obtained by unmanned aerial vehicles as evidence, as well as in general their legal significance in the administrative, criminal, civil (arbitration) process. It is necessary to resolve the issues of responsibility of employees of the penitentiary system, which may exceed their authority through the use of unmanned aerial vehicles. As part of the National Technological Initiative, the AeroNet market is actively developing, therefore unmanned aerial vehicles in the activities of the penitentiary system can become part of this market.


2020 ◽  
Author(s):  
Zhibin Jiang ◽  
Fan Yang ◽  
Bu Zhong ◽  
Xuebing Qin

BACKGROUND The Covid-19 pandemic had turned the world upside down, but not much is known about how people’s empathy might be affected by the pandemic. OBJECTIVE This study examined 1) how empathy towards others might be influenced by the social support people obtained by using social media; and 2) how the individual demographics (e.g., age, income) may affect empathy. METHODS A national survey (N = 943) was conducted in China in February 2020, in which the participants read three real scenarios about low-income urban workers (Scenario I), small business owners in cities (Scenario II), and farmers in rural areas (Scenario III) who underwent hardship due to COVID-19. After exposure to others’ difficulties in the scenarios, the participants’ empathy and anxiety levels were measured. We also measured the social support they had by using social media. RESULTS Results show that social support not only positively impacted empathy, β = .30, P < .001 for Scenario I, β = .30, P < .001 for Scenario II, and β = .29, P < .001 for Scenario III, but also interacted with anxiety in influencing the degree to which participants could maintain empathy towards others, β = .08, P = .010 for Scenario I, and β = .07, P = .033 for scenario II. Age negatively predicted empathy for Scenario I, β = -.08, P = .018 and Scenario III, β = -.08, P = .009, but not for Scenario II, β = -.03, P = .40. Income levels – low, medium, high – positively predicted empathy for Scenario III, F (2, 940) = 8.10, P < .001, but not for Scenario I, F (2, 940) = 2.14, P = .12, or Scenario II, F (2, 940) = 2.93, P = .06. Participants living in big cities expressed greater empathy towards others for Scenario III, F (2, 940) = 4.03, P =.018, but not for Scenario I, F (2, 940) = .81, P = .45, or Scenario II, F (2, 940) = 1.46, P =.23. CONCLUSIONS This study contributes to the literature by discovering the critical role empathy plays in people’s affective response to others during the pandemic. Anxiety did not decrease empathy. However, those gaining more social support on social media showed more empathy for others. Those who resided in cities with higher income levels were more empathetic during the COVID-19 outbreak. This study reveals that the social support people obtained helped maintain empathy to others, making them resilient in challenging times.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Jeanine Ahishakiye ◽  
Lenneke Vaandrager ◽  
Inge D. Brouwer ◽  
Maria Koelen

Abstract Background Mothers in low-income countries face many challenges to appropriately feed their children in the first year such as poverty, food insecurity and high workloads. However, even in the lowest income families there are mothers who succeed to feed their children according to the recommendations. In this paper, we explored the coping strategies that facilitate appropriate breastfeeding and complementary feeding practices among rural Rwandan mothers from birth to one year of a child’s life. Methods This qualitative longitudinal study recruited a purposive sample of 17 mothers who followed the infant and young child feeding recommendations (IYCF). They were selected from a larger study of 36 mothers. In-depth interviews were conducted with mothers of the total group (36 mothers) within the first week, at 4th, 6th, 9th and 12th months postpartum. Interviews were audio-recorded, transcribed verbatim and analyzed thematically. Results Coping strategies included improving mothers’ own diet for adequate breastmilk production, prioritizing child feeding over livelihood chores, livelihood diversification and mothers’ anticipatory behaviors such as preparing child’s food in advance. Some of those coping strategies were shifting overtime depending on the development of the children. Personal factors such as breastfeeding self-efficacy, religious beliefs and perceived benefits of breastfeeding were among the facilitating factors. Additionally, social support that mothers received from family members, other mothers in the community, Community Health Workers (CHWs) and health professionals played an important role. Conclusion In challenging contextual conditions, mothers manage to follow the recommended breastfeeding and complementary feeding practices through the interplay of active coping strategies, feeling to be in control and social support. Nutrition promotion interventions that aim to improve IYCF should consider strengthening mothers’ capability in gaining greater control of their IYCF practices and the factors facilitating their appropriate IYCF practices.


2021 ◽  
Author(s):  
Hartley Feld ◽  
Sheila Barnhart ◽  
Amanda T. Wiggins ◽  
Kristin Ashford

2007 ◽  
Vol 28 (2) ◽  
pp. 182-211 ◽  
Author(s):  
Michelle L. Stevenson ◽  
Tammy L. Henderson ◽  
Eboni Baugh

Guided by the conceptual frameworks of social support appraisal mechanisms and cultural variant perspectives, the reported experiences of 23 Black grandmothers parenting grandchildren who receive cash assistance under the current welfare program, Temporary Assistance to Needy Families (TANF), were used to integrate macro- and micro-level perspectives by exploring mechanisms used to appraise social support resources within a historical context. Mechanisms of social support appraisals included personal esteem (i.e., adaptive pride, self-reliance, and personal resources) and social penetration (i.e., family respect and responsibility, reaction to myths or stereotypical views held about poor people, and normative child-centered activities) as economically poor grandmothers demonstrated strong personal integrity and familial responsibility. Grandmothers relied on a wide range of sources for formal and informal support to provide for their grandchildren. Recommendations for future research are discussed to fortify established family defenses.


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