The
law / 4. Labor Law and Law of Social Provision
Kazimova
L.R.
Law
Institute of National Aviation University
Scientific director: candidate of
jurisprudence senior lecturer Trotsyuk N.V.
Legal
regulation
of labour persons sentenced to imprisonment
The labor – is a
basic condition of human being, certainly among corrective measures of impact
on the prisoners it takes a special place. This occur, because attitude to
socially beneficial activity is a kind of moral standard of humans.
The system of labor
resources and labor education of prisoners has evolved its formation from hard
labor to work teams and correctional groups and crews. In its foundation was
laid K.H. Marx
thought that analyzed of the work of prisoners indicated that in any case
should at least be noted that the workers did not want because of fears
competition that with criminals behaved like a beast, especially when deprived
of their only means of correction and productive work. [1, p.27].
As known, the
issue of low employment of prisoners who are in prison, today is one of the
pressing issues that require a fundamental rethinking and speedy acceptance of
measures to its solution.
Researchers have
long noted positive value of work for the development of the human person. As
pointed out by Engels, “labor - is not only a source of material and cultural
values, it is - the first basic condition of all human life, and to the extent
that we are all in the famous expression must say - labor created man himself”
[2, p. 6].
The principles
that define the procedure, grounds and forms involving labor of convicts
serving sentences of imprisonment set forth in international legal acts of the
concerning the treatment of prisoners. In Article 8 of the International
Covenant on Civil and Political Rights (1966) emphasizes that the work or
service of persons who are in prison on a legal court verdict does not apply to
forced or compulsory labor [3]. The work of prisoners should not cause
suffering, on convicts should be assigned useful work that will be enough to
fill a normal working day. The work which provided to convicted, should improve
qualification or provide skills those let them do honor labor after release. The
nature of the provided work must support or develop skills that allow to
convicted make money for living after release.
These provisions
allow to formulate the following principles of international labor sentenced to
imprisonment:
·
mandatory of work;
·
public benefit of work;
·
work should not cause
physical suffering to prisoners;
·
combination of work and
training;
·
recognition of labor as
means of correction;
·
using of labor skills,
those obtained in prison, after release
These principles
of work of prisoners were secured in the Order of the Ministry of Justice of
Ukraine from 07.03.2013 № 396/5 «On approval Instruction about working
conditions and wages of those sentenced to restriction of liberty or
imprisonment", according to which the convicts are attracted to work in
the centers of employment adaptation; in workshops, farms institutions and
remand prisons; in enterprises penitentiary institutions; in state enterprises
or other forms of property on condition of ensuring their proper protection and
insulation under the agreements concluded between the institution where the
convict is serving a sentence, and the customer; in the works with commercial
service institutions and remand prisons [4].
Persons
sentenced to imprisonment have the right to work and engage in socially useful
work in places and in occupations prescribed by the prison administration,
given the available production capacity, while considering gender, age,
performance, health and specialty. The convicts involve to
these works in the order, in outside working hours and no more than two hours a
day.
Persons who are
sentenced to imprisonment are involved in paid work, as a rule, in enterprises,
workshops of colonies, as well as public or other ownership enterprises on a
temporary employment contract, which concluded between the convicts and penal
colonies, on condition of ensuring their proper protection and insulation.
Administration is obliged to create conditions that allow convicts to engage in
socially useful labor paid. Convicted regardless of all deductions belongs pay
at least seventy-five percent of the total earnings.
International
law also generally approve of the use of forced, obligatory labor of convicts.
Thus, the International Covenant on Civil and Political Rights in Article 8
states that nobody can be compelled to forced or compulsory labor, but points
out that in countries where a punishment for a crime could be appointed
restriction of freedom of hard labor, paragraph 3 (a) of the Covenant is not
considered an obstacle to perform hard labor sentence by a competent court that
such punishment. [3]
We believe that
attracting sentenced to imprisonment to work still has to be compulsory rather
than their right, because, as you know, the purpose criminal executive
legislation is to protect the interests of individuals, society and the state
by creating the conditions for correction and resocialization of convicts. A
necessary condition for resocialization is a correction of a prisoner. There is
no doubt the fact that among the main means of correction and resocialization,
including the established order of execution and punishment, social and
educational work, education and vocational training, social impact and not
least the socially useful work. So it turns out that the right but not the
obligation, sentenced to imprisonment for work, not only undermines the
foundations social justice, but also contradicts one of the basic requirements aimed
to correct convicts.
1. Маркс К. Сочинения / К. Маркс, Ф. Энгельс. – 2-е
изд. – М.: Издательство
политической литературы, 1960. – 616 c.
2. Аккулев А. Ш.
Отдельные вопросы улучшения трудозанятости осужденных к лишению свободы / А.Ш.
Аккулев // Молодой ученый. – 2011. – №7. – Т.2. – С. 6-9.
3. Міжнародний пакт
про громадянські і політичні права : Міжнародний документ від 16.12.1966 [Електронний ресурс]. – Режим доступу: http://zakon3.rada.gov.ua/laws/show/995_043.
4.
Про затвердження Інструкції про умови праці та
заробітну плату засуджених до обмеження волі або позбавлення волі : Наказ
Міністерства юстиції України від 07.03.2013 № 396/5 [Електронний ресурс]. –
Режим доступу: http://zakon3.rada.gov.ua/laws/show/z0387-13.