WORK AS A PSYCHOLOGICAL AND LEGAL TOOL FOR THE RE-SOCIALIZATION OF CONVICTS

Abstract

Abstract. The relevance of the study is determined by the lack of a unified approach in science to the involvement of convicts in labor in prisons, as well as by legislative inconsistencies in the issue of re-education of convicts through occupational therapy. The Universal Declaration of Human Rights regards work as a right that requires consent. Ukrainian legislation also establishes the right to free choice of work and freedom of labor, which, at the same time, does not take into account the legal status of special subjects, such as convicts. The Constitution prohibits the use of forced labor. The International Covenant on Civil and Political Rights has a different legal position, stipulating that military and alternative service, as well as work performed by a person under a court order, cannot be considered forced labor. Legal guarantees for the realization of the right to work are regulated by labor, criminal, and administrative legislation, etc. In particular, the principles of engagement in labor are enshrined in the Constitution of Ukraine and protected by the relevant provisions of the Criminal Executive Code (CEC) of Ukraine, the Labor Code (LC) of Ukraine, other laws and regulations on labor protection and remuneration, such as the Minimum Standard Rules for the Treatment of Prisoners, the Instruction on Working Conditions and Remuneration of Persons Sentenced to Restraint or Imprisonment, etc. To better understand the importance of work as a socio-psychological factor of resocialization in penitentiary institutions, we conducted a study by interviewing and questioning persons serving sentences in prisons. To analyze the work done, we used the method of experiment, statistical method, method of synthesis and analysis, dialectical method, method of abstraction, questionnaire method, observation method, and interview method. The study was conducted in 2021 on the basis of the State Institution "Kyiv Pre-trial Detention Center". As a result of the study, 50 convicts were interviewed (which we consider to be 100 %) and conclusions were drawn based on the statistical method and the method of mathematical proportion.

Keywords: labor rights; work of convicts; psychology of work; penitentiary system; resocialization of convicts; social and legal aspect of work; psychological portrait of a criminal.