ABOUT THE PROBLEM OF GUARANTEING OF THE RIGHTS OF PERSONS, DISCLAIMED PUNISHMENT AS A DEPRIVATION OF FREEDOM OR EXEMPTED FROM IT

Abstract

The article deals with the problems of guaranteeing the rights of persons who served their sentences in the form of deprivation of liberty and who were released from it. The formation of normative base of the Russian state policy of resocialization of persons who served their sentence and were released from serving it has been studied. It is proved that one of the main reasons for the high level of recidivism is the absence of legislatively guaranteed social and rehabilitation assistance to persons who have served their sentence and were released from it. The goals to reduce the recidivism of crimes, stated in the Concept of LongTerm Social and Economic Development of the Russian Federation for the period until 2020, are not achieved. The conclusion is made about the expediency of taking into account international experience in the sphere of resocialization of convicts to imprisonment. The main attention is paid to the provisions of the UN Standard Minimum Rules for the Treatment of Prisoners (1955) regarding the social care of prisoners after release. Examples of practices in the treatment of prisoners presented at the 12th United Nations Congress on Crime Prevention and Criminal Justice are given. The absence of a qualitative settlement of relations in connection with the resocialization of persons who have served a criminal sentence and have been released from it in modern Russian criminal policy has been confirmed. The necessity of developing a road map for resocialization and real inclusion in civil society of persons who have served a criminal sentence and who have been released from it has been substantiated.