Chalyi I. Social rehabilitation of convicted persons

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103095

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

11-05-2021

Specialized Academic Board

Д 17.127.07

Classic Private University

Essay

The thesis is devoted to the study of the social rehabilitation of convicted persons as one of the most influential areas of the penitentiary system activity. It is emphasized on the importance of considering the issue of social rehabilitation of convicted persons, in the aspect of their competence formation which will provide a further non-criminal way of life. The approach was formed on the evolutionary transition of understanding the content of social rehabilitation of convicted persons from its identification only with the work of convicts after their release, and to understanding the need for the social rehabilitation of convicts from the first days of their settlement staying. Scientific concepts of understanding of social rehabilitation of convicts are considered. It is noted that the process of social rehabilitation should reflect the development state of the relevant objects and procedures at this moment, those links and relations that occurred before. At the same time, it should include the directions of future development, its regularity and tendency. It is noted that consideration of the content of social rehabilitation of convicts should be result-oriented and consist of certain changes in the convict`s personality which provide the basis for non-criminal life. It is emphasized that in different areas of knowledge, rehabilitation is understood as a process (in medicine), a system of measures (in psychology), a procedure or a legal institution (in jurisprudence). It is pointed out that the variety of approaches to understanding the nature and forms of social rehabilitation of convicted persons often results not in the precise use of categorical apparatus, not only at the level of scientific research but also in legislation. Under the social rehabilitation, it is proposed to understand the comprehensive process of preserving, acquiring or restoring the functions and skills of the convicted or released persons for normal (law-abiding) independent life in society, which includes social, pedagogical, medical, professional rehabilitation. It is emphasized on the need to concentrate the activities related to the social rehabilitation of convicts on the risk impact factors of repeated crimes and their elimination during the enforcement of the sentence. The list of social rehabilitation tasks is defined, which includes: identification and evaluation of factors that caused a crime; determination the level and intensity of necessary intervention and, accordingly, planning objectives and measures to influence the convicted; ensuring the application of the necessary set of tools to influence the convicts, monitoring changes in reducing / eliminating the risks of a repeated crime and readiness for law-abiding life in society. Foreign experience demonstrates that rehabilitation is a system of special programmes developed in accordance with the needs of convicts and considering their capacities that are implemented by non-prison personnel. The latter should create conditions for convicts to participate in these programs, as well as motivate them for it. It is stated that the introduction of qualitative social rehabilitation of convicts might be possible only after its establishment as a goal of activity of penal execution institutions at the law level, with the corresponding formation of a secondary legislation base

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