Особенности личности осужденного с небинарной гендерной идентичностью и проблемы безопасности его пребывания в пенитенциарных учреждениях

Abstract

The article examines the features of philosophical concepts in the field of androgyny as a stage of its genesis and androgynous discourse, as well as the current state of the problems of the institution of non-binary gender identity of a convicted person. The authors revealed the importance of biological sex for serving a sentence of imprisonment in Russia, reflected the legal problems of ensuring the personal safety of persons with the specified identity in the institutions of the penal system executing a sentence of imprisonment. At the present stage, there is a traditional contradiction between the need to respect the rights and freedoms of every person, to overcome the obvious social exclusion to persons with non-binary gender identity who have officially changed their gender identity (transgender), and the legal regulation of the legal aspects of serving sentences, ensuring personal safety in penitentiary institutions. In order to ensure the personal safety of persons with non-binary gender identity who have undergone a medical procedure of sexual reorientation, and the election of a penitentiary institution to serve a sentence of imprisonment on the appropriate gender basis, it is necessary to adopt legislative acts regulating relations in the field of serving sentences and ensuring the personal safety of these persons.