RESOCIALIZATION OF CONVICTS. NATIONAL PRACTICE AND FOREIGN EXPERIENCE

Abstract

This article is devoted to researching the processes and forms of resocialization of convicted persons in Ukraine and abroad, since in legislation and in practice there is a conflict of public interests and the rights of convicts in the context of their performance of labor duties in places of deprivation of liberty. The Universal Declaration of Human Rights proclaims the right to free choice of work and consent to it. According to Art. 43 of the Constitution of Ukraine, everyone has the right to work, which provides for the possibility of free choice of work. The state recognizes and establishes the right to work, guarantees its observance and creates conditions for the unlimited exercise of this right by providing equal opportunities in choosing a profession and type of employment, as well as providing opportunities for professional training, training and retraining of a person in accordance with the existing needs of society. The Constitution prohibits the use of forced labor. Another legal position is found in the International Covenant on Civil and Political Rights, which stipulates that military and alternative service, as well as work performed by a person by the decision of judicial authorities, cannot be considered as forced labor. Legal guarantees for the realization of the right to work are covered by current labor, criminal, administrative and international legislation. For a more complete understanding of the importance of work in penitentiary institutions as a tool for resocialization and in view of the multi-faceted study of the problem of encouraging convicts to work, we resorted to conducting a real experiment by interviewing and surveying persons serving sentences in prisons. The experimental method, the statistical method, the synthesis and analysis method, the dialectical method, the abstraction method, the survey method, the observation method, and the interview method were used to analyze the work. The experiment was conducted on the basis of the State Institution “Kyiv Pre-trial Detention Center” with the assistance of employees of the social and psychological service of the indicated correctional institution. As a result, 50 convicts (100%) were interviewed and surveyed, and conclusions were drawn based on the statistical method and the method of mathematical proportion. The article describes the foreign experience of the resocialization of convicts, mainly in the form of work, in particular in the Republic of Poland and others countries.