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Original article UDC 343.2
doi 10.46741/2686-9764.2024.67.3.008
Assistance in the Restoration and Strengthening of Social Ties to Persons Subject to Probation: Legal and Organizational Issues
SERGEI L. BABAYAN
Russian State University of Justice, Moscow, Russia Research Institute of the Federal Penitentiary Service, Moscow, Russia Vologda Institute of Law and Economics of the Federal Penitentiary Service, Vologda, Russia
[email protected], https://orcid.org/0000-0001-8712-0192 ANDREI A. USTINOV
Research Institute of the Federal Penitentiary Service, Moscow, Russia Moscow University for Industry and Finance "Synergy", Moscow, Russia [email protected], https://orcid.org/0000-0002-2848-8592
Abstract
Introduction: the article considers legal issues of assistance in the formation and strengthening of social ties of persons subject to probation, identifies problems that arise in the implementation of these activities by bodies and institutions of the penal system when interacting with probation subjects, and proposes ways to solve them. Purpose: based on the analysis of empirical data from penitentiary bodies, to identify problems arising in their activities when restoring and strengthening social ties of persons subject to probation and propose ways for their solution. Methods: formal legal, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Results: the analysis of the regulatory framework governing probation and empirical information on the restoration and strengthening of social ties of persons subject to probation shows the existence of organizational problems, such as the need to take into account provisions of the Federal Law "On Personal Data" when receiving and providing information about relatives of a convicted person and other wanted persons, the need to cooperate with public authorities and involve public and religious organizations, and other civil society institutions in restoring and strengthening social ties of persons subject to probation. Conclusion: in order to solve the problems arising during the restoration and strengthening of social ties of persons to whom probation is applied, it is necessary to take into account provisions of the Federal Law "On Personal Data", which presuppose the receipt and transfer of personal data of convict's relatives and other wanted persons to the convict only with their written consent. It is necessary to expand and improve the practice of concluding agreements between penitentiary bodies and public authorities, public and religious organizations in order to constantly interact on issues of restoring and strengthening social ties of persons subject to probation.
Keywords: social ties; family ties; convict; punishment; probation; penal system.
© Babayan S. L, Ustinov A. A., 2023
5.1.4. Criminal law sciences.
For citation: Babayan S.L., Ustinov A.A. Assistance in the restoration and strengthening of social ties to persons subject to probation: legal and organizational issues. Penitentiary Science, 2024, vol. 18, no. 3 (67), pp. 279-288. doi: 10.46741/2686-9764.2024.67.3.008.
Introduction
Preservation, restoration and strengthening of socially useful ties of persons serving or having served a sentence is one of the important areas of activity carried out by penitentiary institutions. Indications of the need to restore and strengthen the ties of convicts with family members, relatives, and other persons who positively influence them are contained in acts of international law and norms of Russian legislation. Paragraph 79 of the Standard Minimum Rules for the Treatment of Prisoners states that "Special attention shall be paid to the maintenance and improvement of such relations between a prisoner and his family as are desirable in the best interests of both". Paragraph 80 of these rules stipulates that "From the beginning of a prisoner's sentence consideration shall be given to his future after release and he shall be encouraged and assisted to maintain or establish such relations with persons or agencies outside the institution as may promote the best interests of his family and his own social rehabilitation".
The Penal Code of the Russian Federation does not contain a special normative indication of the need to take measures to restore and strengthen social ties of persons serving or have served a sentence. However, some of its norms oblige the administration of institutions executing punishments to promote maintenance of social ties of the convicted person, that is to receive information about relatives of the convicted person, to notify them of the arrival of the convicted person at a correctional institution (Article 17), to provide the convicted person with the opportunity to maintain contact with relatives through visits (Article 89), parcels, transfers (Article 90), correspondence (Article 91), and telephone conversations (Article 92).
The Concept for the Development of the Penal System of the Russian Federation for the Period up to 2030 indicates a lack of adaptation of persons released from correctional in-
stitutions to life in civil society, their loss of social ties and, as a result, an increase in repeat crime. The connection between recidivism and the loss (weakening) of social ties of persons serving or having served a sentence has been repeatedly noted by various authors, both in Russia and abroad [1, p. 74; 2, p. 271; 3; 4]. The most important measure to solve this problem is the establishment and development of the probation system in the Russian Federation.
Research
On February 6, 2023, the President of the Russian Federation signed the Federal Law No. 10-FZ "On Probation in the Russian Federation". According to Article 4 of this law, the goals of probation are correction of social behavior, re-socialization, social adaptation, social rehabilitation of persons subject to probation, and prevention of commission of new crimes.
The law distinguishes three types of probation - penitentiary (in relation to convicts serving sentences of imprisonment, as well as forced labor); executive (in relation to convicts serving sentences not related to isolation of from society (with the exception of those sentenced to a fine imposed as the main punishment and forced labor), and imposed other measures of a criminal legal nature); post-penitentiary (in relation to persons released from institutions that carry out punishments in the form of forced labor or imprisonment).
Penitentiary probation is applied to all convicts serving sentences of imprisonment or forced labor, while executive and post-penitentiary probation - only to those persons who have been recognized as being in a difficult life situation, that is the circumstances that worsen living conditions of these persons and the consequences which convicts cannot overcome on their own. At the same time, measures of executive and post-penitentiary probation can be applied only if a person (his legal representative) applies to the criminal executive inspec-
tion with an application for assistance (Part 1 of Article 12, Part 1 of Article 20 of the Federal Law "On Probation in the Russian Federation").
It seems important to analyze such a direction of probation as social rehabilitation of convicts and persons released from institutions of the penal system. According to Article 5 of the Federal Law "On Probation in the Russian Federation", social rehabilitation is a set of measures to restore lost social ties and functions by persons subject to probation.
In a broad sense, social ties in sociology are understood as a combination of conscious and unconscious, necessary and accidental, stable and spontaneous dependencies of some social subjects on others [5, p. 958]. Based on the nature of the influence on the development and activity of the convict's personality in society, the convict's social ties can be divided into positive (socially useful), socially neutral and negative (socially negative).
Socially useful ties of convicts, as they are defined in the pedagogical and sociological literature, are diverse connections regulated by social norms between the convict and various subjects or social groups occupying a certain position in society, having different status and performing various social functions resulting from the purposeful organization of measures for the convict to join various spheres and processes of public life, assimilate new norms and values, and acquire socially significant skills and behaviors during the period of serving a sentence and after release [6, p. 33].
Socially useful ties appear and improve in the process of socially useful activities, contribute to the formation of socially useful skills, increase social status, assimilation and observance of socially approved norms of behavior. First of all, these are connections with family members, other relatives and other persons with whom the convict had a close relationship and who have a positive impact on his behavior (guardians, foster parents, a spouse or a fiancee/ fiance). It is the family that gives a person primary skills of social behavior, supports him/ her throughout his/her life, determines his/her behavior, as well as contributes to re-socialization after serving a sentence [7, p. 142]. According to the study conducted by the Research Institute of the Federal Penitentiary Service in 2021, 76.2% of the convicts believe that the in-
fluence of relatives on them is positive. Direct and indirect communication with relatives has a positive effect on behavior, according to 85.3% of the respondents [8, p. 8]. The recidivism rate among persons who have been released from punishment and maintain social ties with family members and relatives is significantly lower than among those who have lost these ties, which is true both for the Russian Federation and foreign countries [9, p. 244; 10]. Also socially useful ties form at the place of work or study, in a team or informal group that adheres to positive social values and norms of behavior (sports section, public association, religious organization, etc.).
Socially neutral ties neither explicitly contribute to resocialization and social adaptation of the convicted person, nor have a negative character. As a rule, these are spontaneously arising, short-term social connections with certain persons to meet specific personal needs, communication, leisure activities, etc.
Socially negative ties are caused by joint illegal, antisocial or antisocial behavior. A person learns values, norms, models and behavioral skills that contradict the interests of society and generally accepted norms of social interaction.
Socially useful ties of convicts should meet the following requirements:
- to be diverse (family, kindred, educational, work relations, etc.);
- to be regulated by social norms, that is, to rely on established traditions, customs of communication;
- to be based on socially significant skills and assignment of new norms for the inclusion of a convicted person or a person being released from punishment in all areas necessary for a full life [11, p. 12].
Subjects of socially useful relations are the following:
- family members, other relatives and close persons;
- friends, classmates, acquaintances from work and other joint activities;
- representatives of institutions of various departmental subordination and these institutions themselves;
- representatives of public organizations of various orientations (including human rights and humanitarian projects in the field of reha-
bilitation of those serving sentences and those released) and these organizations themselves;
- religious figures;
- representatives of business structures and manufacturing enterprises;
- masters of their craft who are able to attract convicts' attention to certain areas of activity (sports, art, etc.);
- famous people, etc.
Serving a sentence of imprisonment or forced labor may contribute to weakening or loss of socially useful ties of the convicted person, loss of work skills, as well as hampered adaptation to life after release, including employment, possession of modern communication technologies, electronic means in the field of finance, obtaining services, etc. [12, p. 195; 13; 14]. Since a convict is held in the penitentiary institution for a sufficiently long period, family members, relatives, and friends may communicate with him/her sporadically and formally or even stop doing it. Quite often, behavior of the convict him/ herself leads to the termination of ties with relatives and other persons who had a positive influence, for example, commission of crimes against these people, drunkenness, drug use, frequent and groundless change of place of residence, parasitic lifestyle before conviction, family and kinship conflicts, unwillingness to keep in touch with close ones or maintaining it solely for profit.
Punishments that are not related to isolation from society (with the exception of forced labor) most often do not lead to the loss or noticeable weakening of socially useful ties of the convict with family members, relatives, and other persons from his/her social microenvironment. However, even here there may be cases of weakening or destruction of family and social ties due to difficult living conditions or antisocial behavior of the convict.
When serving a sentence related to the transfer of a convicted person to a correctional facility, social ties of a negative nature may be formed due to his/her assimilation of criminal subculture norms, "exchange of experience" on the methods of committing and concealing crimes between convicts, the desire to find recognition and support in an antisocial environment not only while in a correctional institution, but also after release [7, p. 141].
Prevention of the emergence, weakening and rupture of existing socially negative ties of a convict are primarily associated with the restoration and strengthening of his/her socially useful ties, which is one of the main goals of penitentiary, executive and post-penitentiary probation.
The concept of "restoration" should be understood as the resumption of previously existing, but for one reason or another terminated socially useful ties of the convicted person. Measures to restore social ties include assistance to the convicted person in searching for relatives or other persons who have a positive influence on him, informing the convicted person and the detected persons about their location, providing other information to establish a connection between them, persuading the convicted person, as well as his/her relatives and other persons, to restore relations.
Strengthening socially useful ties is an activity aimed at preventing the weakening or termination of existing and maintained social ties of a convicted person. First, it is the provision of opportunities and conditions provided for by penal legislation to maintain socially useful ties with family, relatives, and other persons during the period of serving a sentence of imprisonment and forced labor (correspondence, telephone conversations, receiving parcels, short and long visits, granting the right to leave the correctional center, possibility of living outside the correctional center for those sentenced to forced labor, etc.).
To strengthen socially useful ties, the following measures within the framework of educational work with convicts can be conducted: convincing the convict and persons with whom he/she has social ties of the desirability and expediency of mutual support, the value of family, kinship and other socially useful ties; psychological diagnosis and correction of the convict's conduct in order to weaken or eliminate personal qualities that prevent formation of social ties (propensity to violence, selfishness, selfishness, etc.); development of positive personal qualities; psychological and medical measures to counteract alcoholism, drug addiction, and other forms of pathological addictions. It is important to create conditions for joint cultural and leisure activities with relatives and other persons, [15, p. 18; 16, p. 143].
Spiritual and moral education also contributes to strengthening socially useful ties between convicts and persons who have served their sentences, including within the framework of the realization by convicts of the right to freedom of conscience and religion. All traditional religions emphasize the value of family and marriage, the importance of joint upbringing of children and support for elderly relatives, and have a negative attitude to adultery, divorce, and rupture of family and kinship ties. As practice shows, it is important to involve clergy in individual and group conversations with convicts about the importance of preserving family and family ties, preaching on this topic during worship, and holding a wedding ceremony.
In accordance with Article 6 of the Federal Law "On Probation in the Russian Federation", subjects of probation activities can be divided into mandatory, whose participation is provided for by law in the form of a binding norm, and optional, who are not obliged, but have the right to participate or may be involved in the implementation of measures in the field of probation.
Mandatory probation subjects include federal executive authorities; state authorities of the subjects of the Russian Federation; institutions of the penal system; state institutions of the employment service; social service institutions.
Optional probation subjects are local government bodies; commercial and non-profit, including religious, socially oriented non-profit organizations, organizations and public associations; non-governmental (commercial and non-profit) social service organizations providing social services; organizations engaged in educational activities, scientific, medical organizations; individual entrepreneurs; public monitoring commissions; and citizens. The legal basis for activities of optional probation subjects, in addition to legislative and subordinate acts, are agreements concluded between these subjects and territorial bodies or institutions of the penal system.
Direct execution of measures in the field of probation is carried out by penitentiary institutions. For penitentiary probation, these are institutions that carry out punishments in the form of imprisonment or forced labor, for executive and post-penitentiary probation - criminal executive inspections.
One of the ways to restore lost social and family ties of convicts subject to probation is to search (at the request of the convicted person) for relatives of the person serving a sentence or released from prison, as well as other persons who have a positive influence on him/her.
According to Article 15 of the Federal Law "On Probation in the Russian Federation", the obligation to assist convicts in searching for relatives and other persons is assigned to institutions that carry out punishment in the form of imprisonment or forced labor. During the implementation of executive (Article 11) and post-penitentiary (Article 22) probation, assistance is also provided to convicts and persons who have served their sentences in restoring social ties and social rehabilitation, while the obligation to implement these measures is assigned to criminal executive inspections (Article 28).
As a result of the measures carried out, the actual place of residence or stay of the persons with whom the convicted person wishes to restore communication is established. The data are provided to the person serving a sentence or to the person released from the penitentiary institution.
The location of relatives and other persons is established by sending requests to civil registration authorities, address information bureaus and other agencies by institutions executing punishment in the form of deprivation of liberty or forced labor, as well as by criminal executive inspections.
On November 29, 2023, the Ministry of Justice of the Russian Federation issued Order No. 350 "On Re-socialization, Social Adaptation and Social Rehabilitation of Persons in Respect of whom Probation is Applied in accordance with the Federal Law No. 10-FZ of February 6, 2023 "On Probation in the Russian Federation", certain provisions of which specified the work of probation subjects, including on restoration and strengthening of social ties of persons in respect of whom probation is applied.
According to Paragraph 7 of Appendix 1 to Order No. 350, the organization and implementation of measures in the field of penitentiary probation are entrusted to employees of the department for educational work with convicts of correctional institutions, the psychological laboratory, the department for social work with convicts, employees of other departments (services) and medical
organizations of the correctional system within their competence, the probation units, labor and educational work organization groups and other employees of correctional centers, employees of probation groups of areas functioning as a correctional center at correctional facilities. Measures for executive and post-penitentiary testing are carried out by criminal executive inspections and their branches.
According to Paragraph 70 of Annex 1, measures to restore and form social ties of persons in respect of whom executive or post-penitentiary probation is applied are carried out by inspections. Inspection employees assist them in strengthening social ties with relatives, persons who have a positive impact on their behavior, labor collectives and organizations engaged in educational activities, non-profit organizations, as well as in the search for relatives and other persons. Public associations and religious organizations, volunteers, relatives of persons in respect of whom executive or post-penitentiary probation is applied, and other persons who have a positive influence on the behavior of persons in respect of whom probation is applied can be involved in the restoration and strengthening of family and social ties.
Similar measures to restore and strengthen social ties of convicts serving sentences in the form of forced labor are also conducted in the framework of penitentiary probation (Paragraph 11 of Annex 2).
In March 2024, employees of the Research Institute of the Federal Penitentiary Service conducted a survey of heads of probation execution departments in 85 territorial bodies of the Federal Penitentiary Service in order to identify problems arising during restoration and strengthening of social ties of persons to whom probation is applied. As indicated by the staff of territorial bodies, there are certain legal and organizational issues problems.
Thus, the information about the location and other contacts of family members, relatives and other persons provided by the convict can be outdated for objective reasons (a new place of residence, changed phone numbers, etc.) or these persons do not want to maintain contact with the convict or the person released from prison due to his illegal or antisocial conduct before conviction, including commission of a crime against family members or other
relatives. When solving this problem, a balance should be maintained between the need for social rehabilitation of the convicted person and the interests of others.
There are also legal issues related to the special legal status of information on the location (place of residence) of persons whom the convicted person wishes to find, as well as information on the state registration of acts of civil status (dissolution of marriage, conclusion of a new marriage, adoption, name change, death).
In accordance with Article 3 of the Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", this information refers to personal data of an individual (subject of personal data). According to Article 7 of this law, persons who have access to personal data are obliged not to disclose or distribute them to third parties without the consent of their subject, unless otherwise provided by federal law. Violation of the rules for processing personal data (including their illegal receipt, distribution and use) entails administrative liability in accordance with Article 13.11 of the Administrative Code of the Russian Federation.
The rules for processing address and reference information (information about the place of residence or stay of a person on the territory of the Russian Federation), information on state registration of acts of civil status are specified by special normative acts: the Law of the Russian Federation No. 5242-1 of June 25, 1993 and the Federal Law No. 143-FZ of November 15, 1997 "On the Right of Citizens of the Russian Federation to free movement and choice of place of residence within the Russian Federation". This information may be transferred without the consent of the persons to whom it relates only to authorized entities established by law, which, according to the Federal Law "On Probation in the Russian Federation", include institutions and bodies of the penal system exercising powers in the field of probation.
The transfer of information about the place of residence (stay), about the state registration of acts of civil status of his relatives and other persons to the person in respect of whom probation is applied, in accordance with the specified federal law, is carried out by the probation subject only with the written consent of the specified persons. The requirements for the form and content of this consent are provided for in Part
4 of Article 9 of the Federal Law "On Personal Data". Having received the specified personal data, the employee carrying out probation activities receives consent from the subject of this data to transfer them to the person in respect of whom probation is applied, and only after obtaining this consent transfers them to the convicted person or released from a penitentiary institution. The transfer of personal data of the person in respect of whom probation is applied to relatives or other wanted persons is also carried out only with his/her consent.
The form of consent of the person in respect of whom probation is applied to processing of personal data is provided for in Appendix 1 to the Procedure for Preparing an Individual Program of Re-socialization, Social Adaptation and Social rehabilitation, approved by the Order of the Ministry of Justice of the Russian Federation No. 350 of November 29, 2023.
In relation to relatives and other persons who have consented to the transfer of their personal data to the person in respect of whom probation is applied, it should be recommended that employees of penitentiary institutions exercising powers in the field of probation receive their personal data not in an arbitrary form, but in the form of filling out an appropriate agreement responsible for requirements of Part 4 of Article 9 of the Federal Law "On Personal Data". This consent can be sent by the above-mentioned person to the institution, either in the form of a letter (ordinary, certified with a personal signature, or electronic, certified with an electronic signature), or filled out when a family member, relative, or other person visits a penitentiary institution or at a meeting with an inspection officer.
Also, employees often receive no responses from the Ministry of Internal Affairs and the Registry Office. It seems that the establishment of effective information interaction can be facilitated by the conclusion of agreements on interdepartmental cooperation in the implementation of probation between territorial bodies of the Federal Penitentiary Service and territorial bodies of the Ministry of Internal Affairs, registry offices, and other public authorities.
As a positive example, we can mention the agreement between the Directorate of Federal Penitentiary Service for the Republic of Bashkortostan and the Ministry of Internal Affairs for the Republic of Bashkortostan of December 27,
2023, which provides for the possibility of exchanging information on both paper and electronic media; the deadline for providing information at the request of the parties (30 days); the possibility of using the state information system "Unified Register of Persons in respect of whom Probation is Applied" for information exchange (from the moment of its commissioning); the algorithm of interaction between the parties; the term of the agreement (one year, while in the absence of notification of its cancellation to the parties, the agreement is considered to be extended indefinitely).
In the complex of measures to restore lost social ties and functions by persons in respect of whom probation is applied, assistance in finding employment, as well as obtaining general, secondary vocational education, and vocational training plays an important role. At the same time, interaction between social work bodies and bodies and institutions of the penal system is often formal, which was previously indicated in the scientific literature [17, p. 40; 18, p. 44].
The form and procedure of interaction in these areas are determined by the Decree of the Ministry of Labor of the Russian Federation No. 779-n of October 27, 2023 "On Approval of a Standard Agreement on the Interaction between Institutions, Executing Punishments in the Form of Forced Labor or Imprisonment and Penal Executive Inspections and Bodies of the Population Employment Service when Carrying Out Activities in the Field of Post-Penitentiary Probation" and the Order of the Ministry of Education No. 839 of November 19, 2023 "On Approval of the Form and Procedure for Concluding a Standard Agreement on the Procedure for Interaction of Educational Organizations with the Bodies of the Penal System in order to Assist in Obtaining General Education, Secondary Vocational Education, and Vocational Training by Individuals, in respect of which Probation is Applied".
Model agreements establish specific powers of each of the parties when interacting in the field of probation and timing of actions to implement these powers.
The Federal Law "On Probation in the Russian Federation" provides for the involvement of public associations and religious organizations, volunteers, relatives of convicts and
other persons who have a positive influence on the behavior of convicts in work to restore and strengthen family and social ties.
Article 23 of the Penal Code of the Russian Federation provides for the assistance of public associations and other representatives of civil society to the work of penitentiary institutions, the correction of convicts, their re-socialization, social rehabilitation and adaptation.
At the same time, nowadays there are no specific forms and procedures for the interaction of penitentiary institutions with public associations and religious organizations, volunteers, relatives of persons in respect of whom executive or post-penitentiary probation is applied, and other persons who have a positive influence on the behavior of persons in respect of whom probation is applied. The Department of Educational, Social and Psychological Work of the Federal Penitentiary Service, together with the Research Institute of the Federal Penitentiary Service, has repeatedly conducted scientific research on topics related to correctional institutions' activities to assist prisoners sentenced to imprisonment in restoring and strengthening social and family ties. The developed recommendations [19; 20] can be used by employees of institutions carrying out punishment in the form of forced labor to implement penitentiary probation measures for restoring and strengthening socially useful ties of convicts.
When carrying out measures to strengthen existing social ties of persons in respect of whom probation is applied, the possibilities of public organizations can also be used. To do this, it is advisable to conduct sport and cultural events with the participation of representatives of public organizations, volunteers, persons to whom probation is applied, their family members, and relatives; organize information and educational work for clarifying ways to restore and strengthen socially useful ties; measures to prevent alcoholism, drug addiction, other forms of dependent behavior, etc.
Those sentenced to punishments and other measures of a criminal legal nature that are not related to isolation from society, including forced labor, as well as persons released from penitentiary institutions, can participate in volunteer activities. As practice shows, this contributes to the formation of useful labor and social skills in these individuals, prevents their antisocial pas-
time, strengthens existing and new socially useful relationships. There are cases when these individuals engage in voluntary activities together with family members or other relatives, thus strengthening their social ties.
When concluding agreements with volunteer organizations, it is advisable to specify specific forms of interaction on probation issues, timing (frequency) of events, as well as persons responsible for their conduct.
Representatives of religious organizations, in addition to conducting religious services on the territory of institutions, religious sacraments and rituals with convicts, take part in educational work, including on the restoration and strengthening of family ties, explaining the importance and value of their preservation and maintenance. Upon their request, the sacrament of marriage or similar rites of other faiths are performed with convicts who marry or have previously been married, which also helps to strengthen family ties of convicts.
In the letter of the Chairman of the Synodal Department of the Russian Orthodox Church for Prison Ministry No. 115 of November 17, 2023, the following areas of participation in the restoration and formation of socially useful associations of persons subject to probation are indicated:
- assistance and support to persons subject to probation and their families in reunification;
- providing support at a new place of residence or reintegration of persons in respect of whom probation is applied when family restoration could not be carried out;
- accompanying families after a successful reunion.
In this regard, it is recommended to take into account the above when concluding agreements of territorial bodies of the Federal Penitentiary Service with subdivisions (metropolitans, dioceses) of the Russian Orthodox Church, as well as other religious organizations, in consultation with their representatives.
There are certain problems when interacting with public organizations. First, it is the absence of organizations that can be involved in this activity in a number of subjects of the Russian Federation, or their lack of initiative to cooperate with bodies and institutions of the penal system. According to available data, in 80.9% of cases, it is employees of the territorial bodies of the Federal Penitentiary Service who initi-
ate interaction with public organizations [20, p. 5]. For example, employees of the Directorate of the Federal Penitentiary Service for the Tula Oblast indicate that there are no public organizations in their subject that can carry out probation activities in cooperation with them.
Second, there is a lack of a uniform algorithm for the interaction in the field of probation between penitentiary institutions and public associations, religious organizations, volunteers, which is also pointed out by employees of many territorial bodies of the Federal Penitentiary Service (Directorate of the Federal Penitentiary Service of Russia for the Volgograd Oblast, the Jewish Autonomous Oblast, the Republic of Tatarstan, the Chechen Republic, etc.). In some territorial bodies of the Federal Penitentiary Service (Directorate of the Federal Penitentiary Service of Russia for the Irkutsk Oblast, Main Directorate of the Federal Penitentiary Service for Krasnoyarsk Krai, Directorate of the Federal Penitentiary Service for the Kurgan Oblast, etc.) these algorithms are developed and included in agreements concluded between penitentiary institutions and these entities. However, it is currently impossible to talk about the ubiquity and uniformity of this practice.
It should also be borne in mind that the activity of public associations and religious organizations may be destructive (attempts to assist convicts in violating regime requirements and carrying out other illegal actions, discrediting
the penal system by broadcasting unverified or false information about its activities, promoting the spread of extremist ideology among convicts, inducing individuals to participate in extremist societies and organizations, etc.). In this regard, employees are recommended to conduct verification activities for the presence (absence) of compromising information spread by these organizations.
Conclusion
Summing up, it should be noted that activities to restore and strengthen social ties of persons to whom probation is applied should be carried out by probation subjects on the basis of a combination of principles of legality, delineation of competence and interdepartmental interaction. Activities to assist persons in need of restoring social ties, searching for relatives and other persons should be carried out in strict accordance with the Federal Law "On Personal Data", which implies the need for probation subjects to obtain the consent of personal data subjects to receive (collect) and transfer them to other persons. The legal basis for the interaction between bodies and institutions of the penal system and other subjects of probation are agreements stipulating forms and directions of activity in this area, including restoration and strengthening of social ties, specific actions of probation subjects and timing of their implementation.
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INFORMATION ABOUT THE AUTHORS
SERGEI L. BABAYAN - Doctor of Sciences (Law), Associate Professor, professor at the Department of Criminal Law of the Russian State University of Justice, Moscow, Russia, Leading Researcher at the Research Institute of the Federal Penitentiary Service, Moscow, Russia, professor at the Department of Penal Law and Organization of Educational Work with Convicts of the Vologda Institute of Law and Economics of the Federal Penitentiary Service, Vologda, Russia, bsl09@mail. ru, https://orcid.org/0000-0001-8712-0192
ANDREI A. USTINOV - Candidate of Sciences (Law), Associate Professor, Senior Researcher at the Research Institute of the Federal Penitentiary Service, Moscow, Russia, associate professor at the Department of Legal Regulation of Business and Civil Proceedings of the Moscow University for Industry and Finance "Synergy", Moscow, Russia, [email protected], https://orcid.org/0000-0002-2848-8592
Received May 23, 2024
