5. Indicators characterizing the birth rate of the population. 6. Indicators, ...
by convicted women and men
One of the most important goals of punishment is the correction of the convicted person. However, the process of this
correction in places of deprivation of liberty is organized in such a way that it is objectively connected with
a number of unfavorable factors that complicate the correction of the convict.
One of these factors is the rupture of many socially useful ties and, first of all, with
The family is one of those cells of society that maximizes the impact on
personality formation from childhood, when the upbringing of a person begins. The family gives
livelihood, participates in the formation of a worldview, is the first
opportunities. Moreover, it is the most stable collective in a person's life. Family composition
can change - parents die, brothers and sisters grow up. Even getting married or getting married
a person and the creation of his own family does not completely eliminate the influence of the one in which he grew up. But
the new family begins to play an even more important role in a person's life. Especially it is
concerns women.
Although the influence of the family is undoubtedly significant, especially among convicts, there are
exceptions, which can be explained by a number of factors. In some cases, the family's authority falls.
due to the unseemly behavior of its members, especially if it caused any harm
the most condemned. Sometimes there is even a feeling of anger, for example, if with someone
the committed crime is connected from the family. Some convicts are hostile to
their wives, according to whose statement they were imprisoned for hooliganism, torture or
other crimes against the person. Naturally, the influence of the family, as a rule, is not
it is necessary to speak in the event of its disintegration, although even then the presence of children often renders
deterrent effect on the convicted person.
When we talk about the influence of the family on convicts, we mean both the spouse and others.
relatives (parents, children, brothers, sisters, etc.). However, a special role for the outgoing
the punishment is played by their spouses and children.
The study of the question of the marital status of those sentenced to imprisonment shows that
the proportion of family members among convicts is significantly lower than among the entire population of the country. To that
it should be added that a certain part of the families of convicts breaks up while serving
punishment, which makes the gap between the indicators characterizing convicts
and the population.
This pattern is manifested in all age groups. Particularly significant
the difference is observed in the younger age groups, which are the most
criminogenic. This situation can be explained by weaker socially beneficial
ties of criminals with society, which, on the one hand, contributed to the commission
crime, which in itself is a conflict with society, on the other hand, prevented
creating a family. These two different consequences had a common cause.
The family is important in the life of any person. Especially the broom is her role for
convicted. During the serving of the sentence, moral, and often even
material support. The role of the family is also important after the end of the sentence for social
adaptation of the liberated. Based on this, it is clear that the marital status of convicts
is of great interest for studying their personality.
The data obtained as a result of research indicates a number of
unfavorable tendencies concerning the marital status of convicts; in terms of their
support during the serving of the sentence and subsequent adaptation.
One of them is a decrease in the proportion of married convicts. So, according to
conducted censuses of convicts, in 1970 among all convicts were married 50.6%,
in 1979 - 40.9%, in 1989 - 37.8%, in 1999 - 30.9%. As you can see, the proportion of married
the number of convicts over the past 30 years has fallen by 20%, or 1.6 times.
The second unfavorable trend is the growing disintegration of the families of convicts.
So, according to the 1970 census, 23.3% of families who were serving a sentence at that time disintegrated, in
1979 - 27.9%, in 1989 - 32.0%, and in 1999 - 32.3%. Over 30 years, the proportion of families falling apart
increased by 9%.
The third unfavorable trend is a particularly intense breakdown of families.
convicted women. According to the 1999 census, 31.5% of families broke up for men, and for women -
47.8%, including 48.6% in women's penal colonies.
An even greater contrast was observed during the 1994 census control.
29.3% of families broke up, and among women - 54.2%, including in women's colonies of strict regime -
The breakdown of families by new marriages is compensated very little. In relation to all
For convicts who were not married, 3.4% of men and only 1.4% of women entered new marriages.
Here we again state a very small percentage of those who got married, especially among,
What are the reasons that led to the breakup of families?
It is clear that in each individual case, these reasons are different and individual, and
various factors affect both the breakdown of the family and each other. Alone
accelerate the breakdown of families, others slow it down. But using mathematical methods
analysis, we were able to identify factors that have a different effect on the decay
families of convicts. At the same time, such very important factors as mutual affection
spouses, and love and mutual respect, character and similarity of views on various issues in
mass examination is impossible to find out. Therefore, only those
factors that lend themselves to objective assessment. The survey was carried out using
analysis of variance, and an indicator of the impact of various factors on the breakdown of families
the coefficient of variation was adopted for the convicts. According to the degree of influence, all factors were
divided into three groups: providing maximum (coefficient of variation over 20),
medium (10 to 20) and minimal (less than 10) impact.
It turned out that the characteristic
serving a sentence. Naturally, this factor does not affect directly, but through
person's personality. The most neglected in places of deprivation of liberty behave negatively
socially and morally convicted. These people behaved in the same way in freedom, bonds
marriage weakened even before the arrest. But at the same time, this factor can also have a direct impact. In that
a letter from the wife of the convict U is characteristic of this attitude: “I did not dare to break up with you for
mainly because of the children, even when you started drinking and beating me. When they put you in prison, I
I thought that at least you would come to your senses there. But during a date, your boss told me that and
there you behave no better. So I gave up on a personal date. During this month I have a lot
changed her mind and now she is firmly resolved. If the prison didn't fix you, then you will get out - that's all
will go the old way. I don't need you like that. So I filed for divorce. " Family of W., convict
for skilled hooliganism, a malicious violator of the regime, broke up in the fourth year
serving imprisonment.
In second place in terms of influence was the presence of underage children. Families in
which have children, break up twice less often than those who do not have children. In third place is the number
penalties from a convicted person in a colony. In fact, this factor complements the characteristic
convicted and acts just like him. Characteristically, the role of rewards (which also
characterize the convict), was in 17th place. Psychologically, this is understandable. Decision on
a break is accepted in cases that are exceptional for a given family.
The husband's reputation is undermined by the very fact of the conviction. Therefore, it is especially acute
perceived factors are negative. characterizing the convict.
In fourth place is the behavior of the convicted person prior to arrest. It can be argued that this factor
has the most direct impact on the disintegration of the families of convicts.
As expected, one of the first places was the influence of such a factor as
the length of the sentence. The longer this period, the more often families break up. But also
the time served was more important, i.e. the time of the actual separation of the family.
Among the most significant factors, it is also necessary to name the ratio
convicted to work, which, being a component of the general characteristics of the convict,
affects the breakdown of the family through the personality.
Finally, among the most important factors we see the nature of the crime committed.
Most often, the families of those who have committed violent crimes (murder,
harm to health, especially rape, robbery), much less often - convicted of
theft by misappropriation of someone else's property, theft, fraud. In these cases, the family
often enjoyed the fruits of the crime, knew about its commission, therefore the crime itself
did not evoke moral condemnation.
Factors that have a significant impact on family breakdown include the number of convictions and
commission of a crime in case of a particularly dangerous relapse. Here, first of all, it affects
repeated separation of the convict from the family, as well as longer periods assigned
repeat offenders. The same group included the age of the convict at the time of the commission
crimes (among young people, families break up more often), assistance to the family, the amount of earnings in
correctional colony.
The influence of such factors as the remoteness of the place of serving was insignificant.
punishments from the place of residence of the family, ability to work, the presence of a specialty, etc.
The factors studied were classified into four categories depending on whether
whether they characterized the convicted person before arrest or during the serving of the sentence, whether they related
are they of the crime committed and the punishment imposed or reflect the demographic
characteristics and material capabilities of the convict as the breadwinner of the family.
In the first place were the factors characterizing the moral character and behavior
convicted before arrest, on the second - the circumstances affecting the characteristics of the convict in
the time of serving the sentence, on the third - the circumstances associated with the committed
crime and punishment, and on the last - fourth - demographic
factors and circumstances characterizing the financial situation of the convict and his
opportunities as the breadwinner of the family.
As you can see, factors of a moral order clearly prevail over material ones, and
circumstances depending on the convicted person prevail over objective factors,
beyond his control.
What conclusions can be drawn from the study of the marital status of convicts?
First of all, the share of unmarried persons is increasing, which is explained primarily by
an increase in the proportion of those who were not married at the time of arrest. To an extent
this is the result of the young age of a significant part of the convicts. But still the main reason is
friend, because their peers at large often create a family.
The personal qualities of people play a more important role. Crime - in a certain
sense of discord with society, unwillingness to somehow limit their desires, to achieve their
goals only in ways that are permitted by law. This applies to the majority
crimes - both selfish and violent. These kinds of qualities are very often
an obstacle for creating a family - unwillingness to compromise, to limit oneself in something,
contain your needs.
An important group of reasons is associated with a person's personal qualities. For many criminals
drunkenness, promiscuous sex life, accidental income are characteristic. Such properties
character are negatively assessed by future spouses, do not contribute to the creation of a family.
I must say that in the system of value orientations of many criminals, the family also plays
by no means the main role.
Finally, many people have lost their families while serving their sentences. This applies in the first
a line of repeat offenders, whose criminal activity and subsequent punishment more than once
tore them away from their families. As a result, by the beginning of serving the last sentence, they came as not
married.
The second unfavorable tendency is the disintegration of the families of convicts, which testifies to the influence
several groups of reasons. On the one hand, these are the personal qualities of the convicts themselves, which
predetermines the fragility of the family even before the conviction of the person serving a sentence, and also
non-correction of the convicted person while serving the sentence. Other reasons are related to detachment
from the family, the inability to live with her, the complexity of any kind of contacts.
It should be noted that the breakdown of families is very weakly compensated by new marriages.
The marital status of the convict has a direct impact on the difficulties, with
faced by the convict during social adaptation after release. On
the question of possible difficulties in finding a job is only 37.6% of men and 27.7% of women
replied that they did not expect such difficulties. Consequently, 52.4% of men and 72.3% of women
do not have such confidence. And here again we see that women find themselves at the worst
INTRODUCTION d.
CHAPTER I. CONCLUSION AND TERMINATION OF MARRIAGE WITH PRISONERS
§ I. Conditions and procedure for registering marriage with persons sentenced to imprisonment.
§ 2. Dissolution of marriage with those sentenced to imprisonment in the registry office and in court.
§ 3. Recognition of marriage with convicted persons as invalid.
CHAPTER P. PERSONAL AND PROPERTY RELATIONS WITH THE PARTICIPATION OF THE CONVICTED SPOUSE.
§ I. Personal legal relationship between spouses.
§ 2. The right of joint joint property of the spouses in the event that one of them is in a correctional labor institution.
§ 3. The right of convicts to receive alimony and the obligation to support the spouse.
DISSERTATION INTRODUCTION
on the topic "Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment"
Relevance of the research topic. Marriage and family are among such phenomena, the interest in which has not waned from the moment of their occurrence to the present day, which is explained by their significance and versatility in human life. It is difficult to find a direction of social policy that, in one way or another, would not affect the family. economic to spiritual. Family is one of them "
Marriage and family are the subject of study in various sciences: philosophy, sociology, law, medicine, psychology. Taking into account their focus and specificity, different sides, signs, properties of these social phenomena are studied.
For legal sciences, only those aspects of family life that can be subject to legal regulation are of interest. The social essence of the family and marriage provides a wide possibility of legal impact on them. This explains the breadth and variety of problems in the research of legal sciences.
The role of marital relations in the formation and functioning! family is quite substantial. “The fact that a family includes at least one married couple that serves as the nucleus of the family group cannot be doubted. Families formed by groups of brothers, ses
1 Kharchev A.G. Sociology of education. M., 1990. 0. 121. ter or other blood relatives, as well as single mothers and their children, are the result of extraordinary, abnormal circumstances "
It should be noted that the issues of the emergence, development and termination of marital legal relations are sufficiently comprehensively covered in the legal literature. However, despite the extensive range of works devoted to marital legal relations, many issues, as well as individual problems, are poorly researched and require further development. Among them is the question of the peculiarities of the legal regulation of matrimonial relations of persons sentenced to imprisonment. It was the subject of scientific analysis and was studied in the works of D.N. Rozantseva, A.A. Belyaev, N.N. Deryuga. At the same time, it seems that the scale of the studies performed does not correspond to the significance of the problem. Some important aspects remain almost unexplored, some issues raised by the authors are controversial.
As for the regulatory and legal framework, it is possible to name one special source in the field of family relations with the participation of convicts: Instruction of the Ministry of Justice and the Ministry of Internal Affairs of the former USSR dated May 4, 1977, which concerns the formal aspects of marriage registration: the procedure for filling out and content of an application for registration of marriage, determining the place of registration. As for the rest, general family legal norms are applied to marital legal relations with the participation of convicts. However, when using them, certain difficulties arise due to the isolation of one of the spouses, which causes
1 Kharchev A.G. Marriage and family in the USSR. M., 1976. S. 36. The need to make certain amendments to the current legislation, in order to apply it uniformly.
The noted circumstances determined the choice of the topic and the general directions of the dissertation research.
The object of the research is the spousal relations of persons sentenced to imprisonment.
The subject of the research is the legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment.
The aim of the study is a theoretical analysis of the current legislation governing marital relations with the participation of a convict to imprisonment and the practice of its application, as well as the development on this basis of recommendations for its improvement.
The research objectives are to:
To highlight the conditions and procedure for registering marriage with persons sentenced to imprisonment;
Provide an analysis of the grounds for invalidating marriage and dissolving it with those sentenced to imprisonment;
Study personal and property relations with the participation of the convicted spouse;
To formulate specific proposals for improving the marriage and family and corrective labor legislation;
Use conclusions, suggestions and recommendations based on the results of the dissertation research for implementation in the educational process, as well as in the practical activities of the registry office and the corrective labor system.
The methodological basis of the research was formed by the method of materialistic dialectics as a general scientific method of cognition and some particular scientific methods: comparative research - when studying the family legislation of the RSFSR, other sovereign republics and some foreign countries; historical - when analyzing the marital and family legal capacity of those sentenced to imprisonment; the method of specific sociological research - when questioning convicts and studying judicial practice in the aspect of ensuring work with empirical material, clarifying practical problems and tasks that require solution.
Special sources of research were the works of such well-known legal scholars as: Belyaev A.A., Belyakova AM, Bykov A.G., Vebers Ya.R., Vorozheikin E.M., Vylkov A.G., Dobrovols-Akiy A. L., Ershova N.M., Zhuravlev M.P., Zubkov A.I., Kachur N.F., Krasavchikov O.A., Korolev Yu.A., Malein N.S., Maslov V.F. , Matveev G.K., Natashev A.E., Nechaeva AM, Nikitina V.P., Palastina S.Ya. Pergament A.I., Posse E.A., Pushkin A.A., Rozantseva D.N., Ryasentsev V.A., Sverdlov G.M., Sverdlyk G.A., Starkov V.I., E.A. Sukhanov Kharchev A.G., Khokhryakov G.F., Chikvashvili Sh.D., Shakhmatov V.P. and etc.
In the process of working on the chosen topic, both the previously valid and existing general and departmental legal acts regulating marriage and family relations with the participation of convicts, guiding explanations of the highest judicial bodies of the USSR and the RSFSR, published judicial practice, as well as the practice of people's courts and correctional law were analyzed. labor institutions of the Tyumen and Omsk regions.
The scientific novelty of the research lies in the fact that the author comprehensively, taking into account the close interaction of the norms of civil, marriage and family law and corrective labor law, studies the features of marital relations with the participation of persons sentenced to imprisonment
Based on the analysis of the practical activities of correctional labor institutions, the practice of applying the current legislation, the author made specific proposals for its amendment and addition in order to increase the effectiveness of the action.
The practical significance of the research results lies in the fact that the conclusions and proposals contained in the dissertation can be used by: practical workers of correctional labor institutions, rule-making and law enforcement agencies. The dissertation research can serve as a certain source in the study of students and adjuncts of a special course: "Legal regulation of marital relations with the participation of persons sentenced to imprisonment."
The provisions for the defense consist in the development and substantiation of the conclusions about the need:
State recognition of church weddings in connection with their widespread prevalence, including persons serving a sentence of imprisonment;
Recognition of the marital capacity of persons in correctional labor institutions is the same as for citizens at large. To achieve this, it is proposed: a) to allow the conclusion of marriage between persons serving sentences in places of deprivation of liberty; b) register a marriage with a person under investigation, subject to the general conditions, without the permission of the person who is in charge of the case, but notifying him; c) to dissolve a marriage with a person sentenced to imprisonment for a term exceeding 3 years, with his consent, i.e. according to the rules of Art. 38 CoBS of the RSFSR;
Apply the institution of reconciliation when divorcing a marriage with a person in prison;
Establishing family legal responsibility for the culpable failure to fulfill the alimony obligation and for the deliberate conclusion of an invalid marriage;
Securing in the law the possibility of concluding marriage contracts as a way to regulate property relations between spouses, including when one of them is in a labor camp.
Approbation of work and implementation of research results into practice. The results of the study were tested during the discussion of the dissertation at a joint meeting of the departments of organization of economic and financial activities and civil law disciplines and management of bodies executing punishment of the Academy of the Ministry of Internal Affairs of the Russian Federation, as well as in five published scientific articles. Certain provisions of the research were reported by the author at: the interuniversity scientific-practical conference of the law faculty of Kemerovo State University (Kemerovo, 1989), the regional scientific-practical conference of the Tyumen State University (Tyumen, 1990), the scientific-practical conference of the TVSH Ministry of Internal Affairs of the Russian Federation (Tyumen , 1991 and 1993). Certain provisions of the dissertation are used in the educational process when teaching a course in family law at the TVSh of the Ministry of Internal Affairs of the Russian Federation and in lecture and propaganda work.
The structure of the work and its content are subordinated to the goals and objectives of the study. It consists of an introduction, two chapters, uniting six paragraphs, and a conclusion, as well as a list of references.
CONCLUSION OF THE DISSERTATION
majoring in Civil Law; Business Law; Family Law; International Private Law, Muratova, S. A., Moscow
CONCLUSION
The conducted research allows us to draw the following main conclusions and proposals.
1. The family is an anti-criminogenic factor and plays an important role in the social reorientation of persons in places of deprivation of liberty, therefore, it is necessary to take all possible measures to preserve and strengthen it.
2. Due to the fact that church weddings are currently a fairly widespread phenomenon, they should be given a certain legal assessment, which, in our opinion, should consist in the possibility of two options for pre-registration behavior: first, registration of marriage in the general procedure in the registry office; secondly, a church wedding and a simplified procedure for recording the registration act on the basis of a church certificate. These methods of pre-registration behavior should be extended to persons serving sentences in correctional institutions.
3. It is advisable to cancel the need to obtain permission to register a marriage from the person or body in charge of the case, since this is an unreasonable limitation of the marriage legal capacity of citizens.
4. In connection with the wide spread of marriages of persons sentenced to imprisonment by correspondence correspondence, we consider it expedient to send to persons wishing to marry a convicted person an extract from the personal file of the convicted person.
The Criminal Code was convicted, the term of imprisonment, what is the criminal record, is the person recognized as a particularly dangerous recidivist, as it is characterized during the period of serving the sentence, as it was previously characterized in everyday life.
5. To ensure compliance with the principle of monogamy and the inadmissibility of marriages between close relatives by convicts at the level of the Supreme Court of the Russian Federation, it is worth giving instructions that information characterizing the legal status of the suspect, the accused should be entered into procedural documents from the original registration documents, and not from the words of the convicted person.
6. In the interests of the birth of healthy offspring and the creation of a normal, full-fledged family, the practice of foreign countries should be adopted to provide the registry office with a medical certificate on the absence of diseases that prevent marriage.
7. The analysis of the current legislation leads to the conclusion that the family is an independent legal entity and therefore its legal definition is necessary. According to the candidate for the degree, the family should be defined as a social and legal community of persons connected by family functions, as well as the rights and obligations provided for by the legislation on marriage and family.
Taking into account the general characteristics inherent in the families of convicts, the proposed definition should be supplemented with the words: "with its inherent specificity in the performance of functions and the implementation of rights and obligations, due to the presence of one of the family members in a correctional institution."
8. In order to enhance the role of the penitentiary administration in the implementation by convicts of their family-legal status, it seems necessary to determine the forms of such participation at the legislative level. We offer Part I of Art. 43 of the ITK of the RSFSR to state in the following wording: “Political and educational work is carried out with persons deprived of their freedom, aimed at educating them in the spirit of an honest attitude to work, accurate observance of laws and respect for the rules of hostel, respect for property, to raise consciousness and cultural level, on the development of useful initiative of convicts and fostering a sense of responsibility before the family. "
9. In order to exclude the deprivation of the right of a convicted person to express his consent to divorce, we propose, while maintaining the administrative procedure for dissolving a marriage with persons sentenced to imprisonment for a period of at least three years, to divorce with the consent of both spouses, i.e. according to the rules of Art. 38 CoBS of the RSFSR.
A short-term meeting between the spouses can help to clarify the question of the further preservation of marital relations, or their termination. The possibility of granting a meeting on this basis should be reflected in Part 3 of Art. 26 ITK RSFSR.
10. As shown by the generalization of judicial practice, if one of the parties in a divorce case is a convicted person, the court does not take measures to reconcile the parties, although from the meaning of Art. 33 of the CoBS of the RSFSR, such an exception does not follow. We believe that an attempt at reconciliation, as a way to preserve the family, should not be ruled out in this case. The postponement of the proceedings for reconciliation of the spouses, if at least one of them is in places of deprivation of liberty, should be one-time, since during the period of reconciliation the spouses do not "live together and the repeated postponement of the proceedings is unlikely to be justified and will give a positive result. the proposal should be reflected in the resolution of the Plenum of the Supreme Court of the Russian Federation, as one of the means in stabilizing the families of convicts.
11. In order to implement the principle of inevitability of punishment for a committed offense, we propose to provide in the law a rule that, when resolving a case on a claim for invalidating a marriage, the court must find out whether as a result of such a marriage any rights were acquired by the unscrupulous party and terminate them. for the future. You should also establish unfavorable property consequences for the unscrupulous party by analogy with Art. 49 of the Civil Code of the RSFSR.
12. In order to prevent the conclusion of invalid marriages by convicts on the grounds of satisfying their sexual needs, as well as to ensure their right to maintain socially useful ties, we propose to significantly increase the number of long-term visits of the convicted person with his spouse and other relatives. Allow the convicted person to meet with the "actual" spouse (initially, as an experiment in several colonies).
13. We propose to exclude the right to change the general order of surname, name, patronymic by persons with a criminal record, as contrary to the successful adaptation of persons released from prison.
14. In connection with the socio-economic changes taking place in society, the right to conclude marriage contracts should be enshrined as a method of regulating property matrimonial relations, including with the participation of a spouse sentenced to imprisonment.
15. In order to protect the interests of the counterparty to the transaction and the spouse who is not involved in the transaction, we propose to limit the scope of the presumption of consent of the spouses to dispose of joint property within the framework of small household and household transactions, this will be even more so than for citizens who are at large. to promote the protection of the legal rights and interests of the owner-spouse convicted of imprisonment.
16. We consider it necessary to support the idea of establishing family-legal responsibility for the culpable failure to fulfill the alimony obligation and the priority method of paying alimony on a voluntary basis.
The implementation of these conclusions and proposals, in our opinion, will serve to strengthen the family of the convict and protect the personal and property rights of the spouses.
DISSERTATION BIBLIOGRAPHY
"Legal regulation of matrimonial relations with the participation of persons sentenced to imprisonment"
1. Sources on research methodology and theory,
2. Lenin V.I. Complete collection of works T. 49.
3. Marx K., Engels F. Soch. 2nd ed. T. 21.
4. Official documentary materials.
5. Code of laws on acts of civil status, marriage, family and guardianship law of the RSFSR. SU of the RSFSR. 1918. No. 76. Art. 8IB.
6. On the elimination of shortcomings in the practice of collecting court costs in civil cases and court costs in criminal cases (as amended on March 21, 1968). On Sat. decisions of the Plenum of the Supreme Court of the USSR. 1924-1977. Part I.
7. On the approval of the Regulations on the procedure for considering applications for the change of surnames, first names and patronymics by citizens of the USSR.
8. JV USSR. 1971. No. 15. Art. III.
9. About civil marriage, about children and about keeping books of civil status acts. SU of the RSFSR. 1917. No. II. Art. 160.2.5. Divorce. SU of the RSFSR. 1917. No. 10. Art. 152.
10. Regulation on the sale of apartments to citizens for personal ownership and payment of expenses for their maintenance and repair. JV RSFSR. 1989. No. 13. Art. 72.
11. Legislative and departmental regulations.
13. Law of the Russian Federation on amendments and additions to the Criminal Code of the RSFSR, the Criminal Procedure Code of the RSFSR and the ITK of the RSFSR. Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. 1992. No. 29. Art. 1687.
14. Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" as amended on December 23, 1992 - Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR. 1993. I 2. Art. 67.
15. From the practice of the Supreme Court of the RSFSR on some. Questions arising in the consideration of civil cases. Bulletin of the Supreme Court of the RSFSR. 1976. No. 7.
16. Review of the jurisprudence of the Supreme Court of the RSFSR on some issues arising in the consideration of civil cases in cassation and supervision. Bulletin of the Supreme Court of the RSFSR. 1988. No. 8.
17. On the procedure for registering marriage with persons held in places of deprivation of liberty. Ordinance of the Ministry of Justice of the USSR and the Ministry of Internal Affairs of the USSR dated May 4, 1977 No. К - 7 - 229 68.
18. Circular Jfc 37 of the NKYu and the NKVD of the Ukrainian SSR dated October 4, 1921. On the right of convicts to marry.
19. Resolution No. 9 of the Plenum of the Supreme Court of the USSR of November 28, 1980 On the practice of the courts' application of legislation when considering cases of divorce. Bulletin of the Supreme Court of the USSR. 1981. No. I.
in the survey. Most of all this is feared by people of the older generation - a third of respondents over 50 years old. This is probably due to the contrast between the blissful picture of the unity of the Soviet people with the frequent alarming news of conflict clashes at the present time.
He believes that it is difficult to live, but it is possible to endure, about half of the population of the Saratov region, and 35% of the population assess their living conditions as unbearable. Only 18% said that everything is fine with them and their living conditions are satisfied. Such a disappointing situation nullifies all efforts of the authorities and the public to consolidate society and harmonize interethnic relations. Problems of a private-existential nature cannot be solved by exhortations, political somersaults, propaganda. Spectacles are effective only when there is bread.
FAMILY STRATEGIES IN THE STRUCTURE OF PRISONER RESOCIALIZATION
A. G. Finaeva
Saratov State Technical University E-mail: [email protected]
The article examines the foundations of family strategies in relation to prisoners: strategies for stable communication and strategies for distancing. The role of these strategies in the structure of prisoners' resocialization is shown.
Key words: family, family strategies, prisoner, resocialization.
Family Strategies in the Structure of Prisoners' Resocialization
The article discusses the bases of such family strategies concerning prisoners as strategy of stable connection and strategy of distancing. The role of these strategies in the structure of prisoners'resocialization is identified.
Key words: family, family strategies, prisoner, resocialization.
The relevance of the research topic is due to the fact that in recent years there has been an increase in the number of prisoners in Russia. According to statistics, the number of persons held in places of confinement from 2004 to 2008 increased from 763.7 thousand to 887.8 thousand people1. This cannot but affect society as a whole, since annually up to 300 thousand people are released from correctional institutions, who face the problem of social adaptation. Among the factors that have a positive effect on successful resocialization, one can single out the family.
Russia now needs not so much a "strong hand", the hopes for which have not been justified, as a strong and virtuous political will.
A rather high level of optimism testifies to the hope for the possibility of such a will coming into the social space of Russia. About 40% of respondents for five years are sure that in the future it is possible to solve their problems, about a third find it difficult to answer, that is, they can conditionally be ranked as optimists, and, accordingly, a third of the population does not believe in a sufficiently acceptable implementation of their life scenario.
Notes (edit)
1 Panarin A.S. The Truth About the Iron Curtain. M., 2006.S. 19.
T.V. Temaev writes that convicts who have a family adapt better to living conditions in freedom2. According to A. M. Shevchenko, “the family is the most effective social group that influences the process of rehabilitation” 3. Contacts with the family are an important part of the prisoner's recovery in society, therefore, the study of the nature and direction of the family's influence on the re-socialization of former prisoners is especially relevant.
To study family strategies in the structure of prisoners' resocialization, we undertook a qualitative study using the method of semi-structured interviews. The development of the research program, the collection and analysis of the material were carried out according to the methodology of "double reflexivity" 4. The number of respondents (N = 29) is due to the peculiarities of the attainability of the object of research, as well as the saturation of coding categories, when interviews with new respondents no longer give the researcher a new understanding of the problem. The respondents were employees of correctional colonies, penitentiary inspections, regional departments of internal affairs of the city of Saratov and the region, family members of prisoners and the prisoners themselves. Interviews had different duration (20-60 minutes) and content (4 interview guides were compiled for different types of respondents).
© Finaeva L.G., 2012
During the analysis of the interviews, it was found that the family can be seen as one of the most important examples of socially beneficial bonds that need to be maintained, strengthened or re-established. One expert argues that according to his analysis of recidivism, a significant proportion of repeat offenders are those who do not have a family.
“The analysis of repeated crimes shows that most often they are committed by those who: a) have no family or negative family ties and b) do not have work and housing. A significant part of the convicts who have committed a second crime is the category of those who do not have a family. This is 85.71% ”(employee of the Criminal Execution Inspectorate, January 2010).
The following forms of interaction between families and persons serving sentences in a correctional institution (IS) can be distinguished, the nature of which, as a rule, remains after the release of the prisoner: 1) families that maintain continuous ties (are ready to integrate into their structure after release); 2) families that maintain episodic ties; 3) families that do not keep in touch with the prisoner.
According to experts, in some cases, strong ties with the family and family support do not lead to the desired result, which, in our opinion, is explained by the personality traits of the prisoner himself, who does not intend to change his negative orientation. “Low moral qualities of a person: he can have everything, nevertheless, if he does not have these traits, if the person himself does not want to change, then no matter how favorable the conditions, there will be no positive effect” (inspector of the district department of internal affairs, December
The way of life of the family has a significant impact on the re-socialization of the former prisoner. Various aspects of family functioning affect the success of adaptation through socio-psychological factors, including the family microclimate (quarrels, cases of physical abuse). The following circumstances adversely affect the process of resocialization: the presence of single-parent families, the presence of so-called dysfunctional families (with a low level of culture of relations, with attitudes towards illegal behavior, whose members are prone to drinking alcohol). In addition, the effectiveness of family support depends on intra-family relations, the distribution of roles in the family before and after imprisonment in an IS.
According to experts, the quality of ties with the family serves as a protective mechanism and initiates a person to adapt to normal conditions. Possibility of re-socialization of a former prisoner
is largely determined by the acceptance or rejection of his family members: parents, wife, children. Mistrust, fear and hostility of relatives can become a factor in the final refusal of a person freed from social adaptation. Often, a family can reject their loved ones who have served their sentences in a correctional institution. Lack of family support turns out to be the factor that hinders successful resocialization and return to society. In the course of the study, the reasons for the refusal of families to support their relatives in the correctional institution were identified.
The following indicators characterizing the interaction of families with prisoners can be distinguished: forms of interaction (visits, correspondence, sending money transfers, telephone conversations, parcels, parcels and parcels, trips of convicts outside correctional institutions) and their frequency. The number of visits provided to prisoners, as well as parcels and parcels (from an unlimited number, subject to serving a sentence in a penal colony and up to a strictly limited number in penal colonies and prisons) depends on the regime of execution of the sentence and is provided for by the Criminal Executive Code of the Russian Federation5.
Families who maintain continuous contact with the prisoner provide him with moral and material support. The level of actual communication between convicts and the outside world is determined not only by the limit of visits provided, but also by the socio-economic situation of prisoners and their families. There are families who want to help their relatives who find themselves in penitentiary institutions, but cannot do this due to insufficient material support, as well as the remoteness of places of detention from the place of residence of their loved ones.
“Because of the remote place where my husband is serving his sentence, I cannot exercise the right (this is my right) to visit him at least as many times as established by law. I have to choose where to spend my money: on a ticket or on a food package ”(prisoner's wife, January 2010). It is necessary to spend a lot of money on collecting the transfer. In addition, here there is not only the problem of the cost of the ticket to the place of serving the sentence, but also the transportation of the transfer. It is not always possible to get to the correctional institution by public transport, transplants are possible, therefore additional costs of money, effort and time are required.
A positive attitude of family members towards a prisoner depends on the family microclimate before he enters the correctional institution, on the severity of the crime, on the family's belief that a person can be corrected if the family initially justifies the crime and believes that the person did not commit it or that the person did not commit it. -
sewed through negligence. Helping the prisoner by his relatives is based on moral regulators of behavior, moral duty, which go back to Christian morality, based on the Commandments of Christ. So, from the interpretation of the fifth Commandment of the Law of God “Honor your father and your mother, that your days on the earth, which the Lord your God gives you,” implies that it is unacceptable to leave parents without help in misfortune, illness and old age. This law applies not only to parents, but also to other relatives, as well as friends: it is unacceptable to leave your neighbors without help when the latter need it6.
“At first we were at a loss. And then they found out that he was driven to this crime.<...>This is our father, we were with him until the end ”(daughter of a former prisoner, January 2010).
In particular, experts single out a group of criminals who are helped by families both in the process of serving their sentences and after release: these are those convicted of economic illegal actions, which are considered as crimes committed for the sake of the family, in order to improve its well-being.
“Economic crimes - well, you managed to steal and done well. Here, of course, they have never given up anyone. I can say that. And help to the zone, that is, constant transfers, money transfers and visits ”(inspector of the district department of internal affairs, June 2010).
The experience of maintaining contact with an imprisoned relative affects the life of the family, as it structures the life of its members around meetings, letters, collecting parcels and parcels. During the period of post-prison adaptation, family members of a former prisoner have to cope with the consequences of imprisonment, since a person who has released from places of detention faces a lot of difficulties: lack of livelihood, documents, problems with finding a job, undermined physical health, various psychological problems.
Considering the negative form of interaction between families and imprisoned relatives, in our opinion, it is very important to identify the reasons why relatives do not keep in touch with those serving sentences. Some of these reasons can be distinguished.
The severity of the crime and the attitude of family members towards it.
“Economic crimes and criminal (theft, robbery, murder, rape) are heaven and earth. Economic crimes - well, you managed to steal and done well. Here, of course, they never refused anyone ”(inspector of the district department of internal affairs, June 2010).
The classification of crimes by severity is provided for by the Criminal Code of the Russian Federation, according to which all crimes are divided into small crimes.
high severity, medium severity, grave and especially grave - depending on the degree of public danger, the form of guilt (intentional and reckless) and the amount of punishment provided for the commission of a crime (Art. І5) 7.
The attitude of family members to crime as such naturally cannot be positive. In assessing his relatives of the convict, the form of guilt (deliberately committed or through negligence), the circumstances under which the crime was committed, plays a great role. Economic crimes, as mentioned above, are not accepted by family members as negatively as crimes against human life and health and sexual inviolability. The assessment of such a crime as theft may depend on who the property was stolen from, what exactly was stolen, what was the motivation of the convicted person.
Length of term of imprisonment, repeated entry into the penitentiary
“There are plenty of cases when the husband is in prison, and the wife is filing for divorce, getting married” (Inspector of the Federal Penitentiary Service, March 2011).
Such cases occur when the wife does not see the prospect of waiting for her husband from prison and she has the opportunity to create a new family. The negative behavior of the convict before committing the crime, conflict relationships in the family pushes to this even more.
Family conflicts due to unacceptable behavior before and after serving a sentence.
Conflict relationships in such families arise mainly due to the fact that the freed person does not want to change his negative orientation, abuses alcohol or uses drugs, does not want to get a job, demonstrates aggressive behavior towards his loved ones.
“All his life he mocked my child in front of my eyes, over me (a relative of a prisoner, June 2010).
“Families that don't accept; the defendants got them. Many of them have already been in prison, they are on a needle, that is, drug addicts, do not want to work. Conflict in the family ”(inspector of the district department of internal affairs, June 2010).
“Because they have lived to the point that relatives say it would be better if they did not come here.<...>The only reason: they got it by their behavior. They are afraid to live with them. From whom they drink, they beat their own people, they steal (gold, for example) ”(district inspector, April 2011).
“This is when relatives do not want and do not want to communicate with him. When the mother says: "I no longer have a son, or I no longer have a daughter." In my practice, there have been such cases. When the daughter abandoned her son, the mother
Sociology
Bulletin of the Saratov University. 2012. T. 12. Ser. Sociology. Political Science, vol. 3
needed to pick up her grandson. She hates her daughter and refuses her: “She is not my daughter, because she abandoned her child, she drinks, she is homeless, she leads a riotous lifestyle.” The mother does not want to accept her daughter in any way ”(Inspector of the Federal Penitentiary Service, March 2011).
“He's been from prison to prison all his life. He establishes his own prison rules here ”(female relative of a prisoner, June 2010).
Indeed, a long stay in places of deprivation of liberty leaves an imprint on the human psyche. In a correctional institution, a person is faced with a stressful situation, as he is torn out of his usual social environment and falls under the influence of a prison subculture with a clear hierarchical organization, with its own values, norms, language, traditions8. The way of life in a correctional institution differs sharply from that in freedom: an enclosed space, strict discipline and daily routine, the living space is organized in such a way that excludes the existence of a sphere of private life and the possibility of individualization of space9. The process of adapting to living conditions in prisons is very difficult and negatively affects the personality of the prisoner. After being released from prison, the former prisoner brings elements of the prison subculture into the family, with which they are incompatible.
There are families that put up with this behavior of a former prisoner due to the impossibility of living separately or believing that they must help their relative. Such help and the impossibility of refusal can be based on the mechanism of codependency. In psychology, the term codependency refers to a type of destructive relationship between two or more codependent adults who are trying to establish control over each other. The study of codependency is rooted in the study of alcoholism. Since, along with the conflict behavior of the former prisoner, there is very often the problem of alcoholism and drug addiction, the behavior of the relatives of the former prisoner can be assessed as co-dependent. The family cannot refuse to take care of a family member, since the optics of these people's life is shifted to him, there is a semantic built-in attitudes towards this person into the everyday practices of the family. The asocial lifestyle of a former prisoner determines the life strategies of his relatives. Caring for him becomes a meaning-forming element in the life of these people.
“We cannot leave him, father is father. We cook, wash, clean, bring him water ”(daughter of a former prisoner, January
"Is this how to live with such a person?" (ex-prisoner's niece, June 2010).
I .: Does your mother no longer want to live with him?
R: She's not what she doesn't want, she can't get rid of him (relative of a former prisoner, June 2010).
Most of the elderly prisoners do not have families due to their breakup as a result of divorce or death of loved ones, loss of contact with the family due to various circumstances, including because of their antisocial orientation, riotous lifestyle, alcohol abuse.
“I divorced my wife even before I got to the colony. Mother died ”(ex-prisoner, 59 years old).
Seeker: Do you have children?
Seeker: Do you keep in touch with them?
Seeker: If it's not a secret, what is the reason for the loss of communication?
R: The connection was lost, because when I came here to work, I got in touch with a woman. The wife found out.
Seeker: And since then you have not communicated with your family?
R: I did not go there (ex-prisoner, 66 years old).
There is a category of persons, not only elderly, but also of middle age, who have not yet created their own families, so they have nowhere to go after serving their sentence. Parental families break up due to insurmountable circumstances (death), and distant relatives refuse to help or do not have such an opportunity.
Seeker: Did you have a family? Wife? Children?
R: Children, maybe where they are. And women - they are today, tomorrow they are not (former prisoner, 45 years old).
The roots of such a life strategy may lie in the prison subculture, where attitudes towards women are usually negative, consumerist10.
As a result of empirical research, the foundations of family strategies in relation to prisoners were identified - the strategy of stable communication and the strategy of distancing. The role of these strategies in the structure of prisoners' resocialization is shown. It turned out that the establishment of stable ties can be based on the mechanism of codependency, which consists in the fact that caring for a person is integrated into the daily practices of one or several members of the prisoner's family and distancing is impossible, since the family may be deprived of biographical material.
An interpretation of the difficulties faced by the prisoner's family in implementing the strategy of stable communication is presented. As such, we single out: social (new distribution of roles in the family, the consequences of serving a sentence: lack of documents, problems with finding a job); psychologist
chemical (separation, perception of the family by the immediate environment); economic (extraction of material resources for the survival of the family itself and ensuring the life of a prisoner in a correctional institution).
The family distancing strategy is based on the following factors: the severity of the crime and the attitude of family members towards it; conflicts in the family due to unacceptable behavior before and after serving a sentence; the length of the term of imprisonment, the repeated entry into the penitentiary
The significance of this study lies in the fact that the results obtained can be used in the practical activities of the internal affairs bodies, employees of the penitentiary system, social workers, in the interaction of psychologists, social educators with the family, in the creation of social correction programs for working with the prisoner's family.
Notes (edit)
1 See: Russian Statistical Yearbook. 2009: stat. Sat. / Rosstat. 2009.
UDC 316.74: 2
2 See: Temaev T.V. The value of the family in the life of an elderly convict // Clinical gerontology. 2008. Vol. 14, No. 9, p. 111.
3 Shevchenko A. M. Social rehabilitation of former prisoners: author. dis. ... Cand. sociol. sciences. Rostov n / D., 1997.S. 8.
4 See: Kovalev E. M., Steinberg I. E. Qualitative methods in field sociological research. M., 1999.
5 See: Criminal Executive Code of the Russian Federation (PEC RF) of January 08, 1997, No. 1-FZ. M., 2010.
6 See: 10 Commandments of the Law of God. Interpretation of the Commandments. Sins against the 10 Commandments. URL: http: // 10zapovedei. gILMech ^ p (date of access: 11.09.2011).
7 See: The Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) of June 13, 1996, No. 63-FZ (as amended on July 21, 2011) (as amended and supplemented, coming into force on 08/07/2011). M., 2010.
8 See: I. Lysak. V., Cherkasova Yu. Yu. Prison subculture in Russia. Taganrog, 2006.
9 See: A. N. Oleinik. Prison subculture in Russia: from everyday life to state power. M., 2001.
10 See: I. V. Lysak, Yu. Cherkasova. Yu Decree. Op.
THE CHURCH OF ORTHODOX YOUTH IN MODERN RUSSIAN SOCIETY
E. I. Ufimtseva
Saratov State Technical University E-mail: [email protected]
The article is devoted to the analysis of the features of the religious socialization of Orthodox youth in modern Russian society. The definition of the concept of "churching" is given, the stages, practices, institutions, agents, factors of the process of churching Russian Orthodox youth are described.
Key words: Orthodox youth, religious socialization, the process of churching.
Reinchurchment of the Orthodox Young People in Modern Russian society
The article is about the analysis of the socializing peculiarities religious young people in modern Russian society. Given the idea definition "reinchurchment", is described the steps, practices, institutions, agents, factors of the process reinchurchment of religious young people in modern Russian society.
Key words: orthodox young, religious socialization, process reinchurchment.
In modern Russia, Orthodoxy retains the status of the dominant religion. According to the results of sociological surveys, the number of Russian respondents identified
living with Orthodox Christians, ranges from 68%] to 79% 2 and 90% of the total number of all believers3. At the same time, the process of religious socialization of Orthodox Christians in modern Russian society, which in the framework of modern church-Orthodox discourse is defined as a process of churching, is the most significant social problem. His Holiness Patriarch Alexy II has repeatedly emphasized that after the 70-year domination of militant atheism in our country, the churching of various strata of Russian society, and especially young people, is the main missionary task of the Russian Orthodox Church in the 21st century.4
The problematic nature of the process of churching in modern Russian society is determined by the following factors.
First, the church socialization of contemporary Orthodox Russians is taking place in the conditions of the intergenerational continuity of the Orthodox worldview, values and way of life, disrupted at the level of the masses. During 70 years of Soviet power in Russia, under the threat of physical extermination and political
© Ufimtseva E, I, 2012
2.2 Family of a convict as a way of rehabilitation of a convict
One of the most important spheres of human social adaptation is the family. A lot of literature has been written about the role of the family in the formation of a normal or abnormal personality, the formation of various deviations. For us, the family needs to be considered in relation to the tasks of social rehabilitation, that is, to reveal the rehabilitation potential of the family, including to consider the option of using the family potential in the process of executing a sentence without imprisonment in the event of parole of a convicted person. This problem can be solved by revealing the relationship between the family as a social institution and the criminal (more precisely, thieves') community.
According to Yu.A. Gasparyan, in the fiction, journalistic, scientific literature, dedicated to the description of the phenomenology of the thieves 'world, the thesis about the antagonism of classical thieves' laws and family relations, has become one of the main ones. It is not for nothing that the very fact of the marriage of one of the members of the criminal (thieves ') community, in the recent past of our country, directly spoke about the exit of this person from the thieves' hierarchy (about the desire to "tie up"). And only with the spread of market relations, with the emergence of the opportunity to get rich at the same time, without automatically entering into conflict with the law, and, consequently, with a change in the nature of the criminal world (with the emergence of the shadow economy and associated organized crime) did it become possible to successfully combine family life and illegal nature of business. Occupying at the same time, a fairly significant position in the hierarchy of the underworld.
Obviously, the aforementioned antagonism is directly related to different “social vectors,” to which a person is oriented by the normative family (formed in a cultural Christian environment) and the thieves' world. In turn, these social directions depend on the key functions performed by the family as an institution.
According to A.N. Sukhov, the problem of the family as a social unit, its functions, constituent elements is fully disclosed (demographic, socio-psychological, and others functions are described). Let us take it as an axiom that a normal family (the concept itself is rather arbitrary) is one that “provides the required minimum of welfare, social protection and promotion to its members and creates the necessary conditions for the socialization of children until they reach psychological and physiological maturity.
Therefore, the family is revealed to us in several planes: in the economic (minimum of welfare), social (protection and promotion) and psychological and pedagogical (the birth of children and emotional closeness). Counter culture of an antagonistic orientation, which is a thieves' world or an asocial sense, (vagrant societies) have the opportunity to provide their members with people who live outside of society for various reasons, at least for welfare, protection, and satisfaction of psycho-emotional and sexual needs. Thus, the only thing that a person cannot get in such communities is to fulfill his parental needs (to be a parent and educator of his own child). In other words, they lack the possibility of accumulating and transmitting cultural common human heritage in the form of a certain hierarchy of values. And this is natural, since for those who do not see value in this heritage, there is no need for its assimilation and transmission. It is not for nothing that among the topics of communication between members of anti / asocial communities there are no topics related to family and children. A variant of mafia crime, this is a variant of a family in its own understanding, but leading an illegal lifestyle.
Like any other institutionalized group, the family is held together by a power-subordination relationship. However, the core values that determine the prestige of the role of a particular person in the family are the personal affection of others and the degree of trust in a person in a critical situation. Some authors especially dwell on the technical side of the educational process in the family, considering the role of the father fundamental in it. The experience of working with convicts in the colony confirms the statistics that the absence of the father in the family (in the Judeo-Christian version of the role as the master, the supreme steward), even with his nominal presence, entails deviations in the mother-child system with excessive stress on the personality of the child. The results of work with different age groups of convicts show that the early formation of behavioral deviations: running away from home at 9-11 years old, early leaving school, using intoxicating substances, as a rule, are combined with a pronounced conflict nature of the convict's family.
Long-term residence, according to Yu.A. Gasparyan, out of wedlock, problems with the organization of his own family with constructive adaptation at work (frequent change of jobs, lack of professional growth appropriate for age and mental development), with a relatively late onset of illegal activities (after 30 years) are consistently combined with the absence of the educational role of the father in family.
At the same time, the actual material living conditions of the parental family do not play a decisive role in the formation of deviant behavior. On the contrary, the paradox (or maybe psychologically it is not a paradox, but a pattern) is that in the course of serving a sentence, young convicts from financially disadvantaged families often show signs of responsibility for a crime.
The problem, according to Yu.A. Gasparyan, connected with the convict's own family, is the implementation of a stable stereotype of this behavior, if it is of course formed. Working with middle-aged convicts (35-55 years old) from among the violators of the established procedure for serving the sentence, shows that an appeal to responsibility before close relatives in the event of a violation telephone conversations) often do not work. The convicted person is more likely to sacrifice the peace of his loved ones than to abandon the attitude that increases his pride.
The objective "background" of social work with the convict's family is both the material, emotional, psychological, and pedagogical characteristics of the family, and the actual reaction of relatives to the commission of a crime by a relative. As a rule, close relatives react to criminal behavior in two ways: either they treat it as a natural phenomenon in the life of a relative, or they regard it as an emergency.
The emotional and moral assessment of the offense depends on the factors of both one's own emotional and personal maturity, and some national, social and clan characteristics. The latter circumstance is especially important in connection with the fact that a large number of people from the territories of the national outskirts arrive in various regions of central Russia in search of earnings and the motivation of behavior causes a complex symbiosis of national ideas in a foreign national environment. National peculiarities must be taken into account in connection with the fact that persons convicted of criminal offenses on the territory of the Chechen Republic began to arrive in penitentiaries in central Russia. Through the prism of a moral assessment of the offense, the peculiarities of the attitude of relatives, both to the convicted relative and to themselves, are quite clearly traced. Talking with relatives about the reasons for the criminal behavior of a family member and possible options for the future, one gets the impression that they are serving a sentence together with the convict. Only the punishment for family members consists of the need to have any kind of relationship with the correctional institution (to come on dates, to meet with employees on certain days).
We agree with the opinion of Yu.A. Gasparyan, that social work to restore family attachments is one of the most important areas of social work in penitentiary institutions. It consists of two directions: work with the convict and with relatives and has the goal of establishing socially positive factors that remain between the convict and his relatives, using them in the future in correctional work. (Moreover, correctional both in relation to the convicted person and in relation to his relatives). At the same time, it is necessary to determine both the level and the nature (social and psychological) of non-constructive adaptation in the family.
Thus, a feature of social work with the convict's family is that its goal is to correct existing conflict relations (no matter on what basis they exist: psychoemotional, socio-economic, national), and the work is supported by the existing positive connections. Practical workers of correctional colonies have long accepted the thesis that it is not the behavior of the convict or his relatives, but the actual relationship between them, that needs to be corrected as an axiom in their work. Moreover, these connections represent a system of relationships, some of which have been broken. (Which was one of the aspects of the formation of the criminal behavior of the convict and the corresponding behavior of his relatives).
A separate issue is the possibility of using the family as a sphere for serving a criminal sentence (without taking into custody).
Information about the work "Features of modern technologies of social work with convicts in a penal colony of general regime"
Introduction
Marriage and family are among such phenomena, the interest in which has not waned from the moment of their occurrence to the present day, which is explained by their significance and versatility in human life. It is difficult to find a direction of social policy that, in one way or another, would not affect the family. There are few social phenomena that would focus in themselves practically all the main aspects of human life and go to all levels of practice: from the socio-historical to the individual, from the economic to the spiritual. Family is one of them.
The role of marital relations in the formation and functioning of the family is very significant. The fact that the family includes at least one married couple, which serves as the nucleus of the family group, cannot be doubted. Families formed by groups of siblings or other blood relatives, as well as single mothers and their children, are the result of extraordinary, abnormal circumstances.
It should be noted that the issues of the emergence, development and termination of marital legal relations are quite versatile covered in the legal literature. However, despite the extensive range of works devoted to marital legal relations, many issues, as well as individual problems, are poorly researched and require further development. Among them is the question of the peculiarities of the legal regulation of matrimonial relations of persons sentenced to imprisonment.
divorce convicted incompetent
Family and marriage legal relations with persons sentenced to imprisonment
The Family Code of the Russian Federation provides for two procedures for divorce: judicial and administrative - in the registry office. However, the law does not provide spouses with an opportunity to choose the procedure for dissolution of marriage: in court or in the registry office.
The divorce procedure in the registry office does not require a special consideration of the circumstances that led to the divorce (the spouses do not have to explain anything to anyone), it saves nerves, time and, accordingly, money.
Dissolution of marriage by mutual consent of spouses who do not have common minor children, by virtue of paragraph 1 of Art. 19 of the RF IC is carried out in the registry office, regardless of the presence or absence of a dispute between the spouses on the division of property, which is their common joint property, on the payment of funds for the maintenance of a disabled needy spouse. The exception is cases when one of the spouses, despite his lack of objections, evades the dissolution of the marriage, for example, refuses to submit a joint application for divorce or a separate application in the event that he is unable to personally appear at the registry office to submit a joint application (Clause 2 of Art. 21 of the Investigative Committee of the Russian Federation, Art. 33 of the Federal Law of 15.11.1997 N 143-FZ "On acts of civil status") (Clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05.11.1998 N 15).
The basis for state registration of divorce is a joint application for divorce of spouses who do not have common children who have not reached the age of majority.
In a joint application for divorce, the spouses must confirm their mutual consent to the dissolution of the marriage and that they have no common children who have not reached the age of majority.
If one of the spouses has a minor child whose parent or adoptive parent is not the other spouse (for example, a child from a previous marriage or a child born out of wedlock, but not adopted), then there are no obstacles to dissolution of the marriage in the registry office. However, it should be borne in mind that children adopted by both spouses are equated to their own children in legal relations (Article 137 of the RF IC), therefore, if the spouses have a minor adopted child, then they cannot dissolve the marriage at the registry office. The application form of the established form for divorce is available in the registry office. If one of the spouses is unable to appear at the registry office to submit a joint application for divorce (for example: due to a serious illness, military service, a long business trip, living in a remote area, etc.), then the expression of the will of the spouses is drawn up separate declarations of divorce. The signature of the application of the absent spouse must be notarized in the manner prescribed by law (clause 3 of article 33 of the Civil Status Acts Law).
In a joint application for divorce, the following information must be indicated:
Surname, name, patronymic, date and place of birth, citizenship, nationality (indicated at the request of each of the spouses), place of residence of each of the spouses;
· Surnames that each of the spouses chooses upon divorce. A spouse who has changed his surname upon marriage to another has the right to retain this surname even after the dissolution of the marriage, or, at his request, during the state registration of the dissolution of the marriage, he is assigned a premarital surname;
· Details of the documents proving the identity of the spouses.
Spouses wishing to dissolve the marriage sign a joint statement and indicate the date of its preparation.
In order to provide a period for thinking over the decision and protecting the interests of the spouse in case of dishonesty of the actions of the other spouse, the dissolution of the marriage and the state registration of its dissolution are made in the presence of at least one of the spouses after a month from the date the spouses submit a joint application for dissolution of the marriage. The course of this period begins on the next day after the spouses submit an application for divorce to the registry office and expires on the corresponding day of the last month of the period. If this date falls on a non-working day, the next working day following it shall be considered the expiration date. The monthly period established by law for the registration of a divorce and the issuance of a certificate of divorce can neither be reduced nor increased by the registry office. At the same time, if the spouses, for some reason, cannot appear at the registry office on the day appointed by them to formalize the divorce, then at their joint request, the term for state registration of divorce can be postponed to another time. At the state registration of divorce, at least one of the spouses must be present (clause 4 of article 33 of the Civil Status Acts Law). Divorce through a representative is not allowed.
The state duty for state registration of divorce, including the issuance of certificates, with the mutual consent of the spouses who do not have common minor children, is 200 rubles from each of the spouses (subparagraph 2 of clause 1 of article 333.26 of the Tax Code of the Russian Federation) Brandenburgsky Ya.N. Marriage and its legal consequences. - M., 2003. - S. 423 ..
State registration of divorce consists in drawing up by the registry office a record of an act on divorce and issuing a divorce certificate to each of the persons who divorced (Articles 37-38 of the Civil Status Act). In passports or other documents proving the identity of those who have dissolved the marriage, a mark is made about the dissolution of the marriage. If the state registration of divorce was carried out in the absence of one of the spouses, then a mark on the dissolution of marriage in his passport or other identity document is made by the registry office when issuing him a certificate of divorce.
The competence of the registry office does not include the resolution of disputes arising between spouses in connection with the dissolution of the marriage. Therefore, Art. 20 of the RF IC determined that, regardless of divorce in the registry office, disputes arising between spouses about the division of common property, about the payment of funds for the maintenance of a needy disabled spouse, are resolved by the court. The presence of disputes of a property nature between spouses is not an obstacle to divorce in the registry office. Listed in Art. 20 of the RF IC, disputes are resolved by the court at the request of one of the spouses (ex-spouses) or the guardian of the incapacitated spouse (ex-spouse) in the course of action. The division of property and the solution of other controversial issues between the spouses, thus, can be carried out both during the marriage and after its dissolution. However, it should be remembered that according to paragraph 7 of Art. 38 of the RF IC, the claims of the spouses whose marriage has been dissolved for the division of common property are subject to a three-year limitation period. With the requirement to collect alimony for the maintenance of a spouse (ex-spouse) in court in accordance with Art. 107 of the RF IC can be applied at any time, regardless of the period that has elapsed since the moment the right to alimony arises, if the spouses (ex-spouses) have not reached an agreement on this issue.
The provisions of Art. 20 of the RF IC are a novelty in family law, they made it possible to eliminate the previously existing formal obstacles to divorce in the registry office, when the breakdown of the marriage was obvious, the spouses did not have minor children, but nevertheless, the question of divorce due to existing disputes between the spouses was forced to decide in court.
Considering the activities of the registry office from a legal point of view, we can say that the registry office provides legal services. The essence of legal (namely legal) services lies in the fact that the registry office, making the registration of acts of civil status, is based on the current legislation. One of the most important principles of all civil registration activities is the principle of legality. Compliance with this principle means that officials of the registry office must proceed from the instructions on this issue contained in the legislation. The current legislation defines in detail the procedure and conditions for registration of each type of civil status acts. Any, even the most insignificant, deviation from the law may entail negative consequences (if not at the time of registration, then in the future), cause significant damage to state and public interests, rights and legally protected interests of citizens.
If the court made a decision on divorce, but none of the spouses registered the dissolution of the marriage with the registry office, no matter how much time has passed since the date of the court decision on the dissolution of the marriage, it is considered that the spouses are in a registered undissolved marriage with all the following legal consequences. Therefore, the registration of divorce by the registry office is of great importance.
Recognized as missing by the court. In accordance with Art. 42 of the Civil Code of the Russian Federation, at the request of interested persons, a citizen can be recognized by the court as missing if, within a year, there is no information about his place of residence at his place of residence.
At the same time, if it is impossible to establish the day of receipt of the latest information about the missing, the beginning of the calculation of the period for recognizing the unknown absence is the first day of the month following the one in which the last information about the missing person was received, and if it is impossible to establish this month - the first of January of the next year.
To recognize a citizen as missing, first of all, you should submit an application for the search for such a citizen to the police. In this case, the police must take action and issue a certificate. With this certificate, you should apply to the court (of general jurisdiction) with an application for recognizing the citizen as missing.
The court considers this application within one year from the date of filing the application. The court can make a decision on recognizing a citizen as missing only when it was not possible to establish the place of his stay. In case of a positive result, you should apply with this court decision to the registry office and dissolve the marriage with the missing spouse.
A citizen recognized as missing by the court may at any time apply to the court to annul the above decision.
In the event of the appearance of the spouse declared by the court to be deceased or recognized by the court as missing, and the cancellation of the relevant court decisions, the marriage can be restored by the registry office at the joint application of the spouses. However, a marriage cannot be restored if the other spouse remarried.
The restoration of marriage by the registry office has a retroactive effect. A marriage is considered restored from the moment of its conclusion, and not from the moment of restoration, as a result of which the spouses are recognized as married from the moment of state registration of the marriage. A citizen whose spouse is absent can dissolve the marriage in court.
Considering that by virtue of paragraph 2 of Art. 19 of the RF IC, dissolution of marriage with persons recognized as missing, regardless of whether the spouses have common minor children, is carried out in the registry office, when filing such a claim against a person in respect of whom there is no information about his place of residence at his place of residence for a year , the judge explains to the plaintiff the procedure for recognizing citizens as missing (Article 42 of the Civil Code of the Russian Federation).
However, if the spouse does not want to go to court with an application for recognizing the other spouse as missing, the judge has no right to refuse to accept the statement of claim for divorce, but must consider the claim on a general basis (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 05.11.1998 N 15).
Declared incompetent by the court.
A citizen can be recognized as incompetent only by a court decision if, due to a mental disorder, he cannot understand the meaning of his actions or control them. Guardianship is established over an incapacitated citizen.
An incapacitated citizen recognized as such by a court acquires full legal capacity solely on the basis of a court decision. At the same time, it should be borne in mind that the procedure for dissolution of marriage in the registry office with persons recognized by the court as incompetent due to a mental disorder provided for by the law does not apply to cases of divorce with persons restricted by the court in legal capacity due to the abuse of alcohol or drugs. In these cases, the dissolution of marriage on claims brought against these persons, as well as on claims of these persons, shall be carried out in accordance with the general procedure.
Convicted for committing a crime to imprisonment for a term exceeding three years. In the case of divorce in the registry office at the request of one of the spouses in the above cases, the consent of the incapacitated spouse or spouse sentenced to imprisonment for more than three years is not required. An incapacitated spouse cannot express his will to dissolve a marriage due to his incapacity, the consent of a spouse sentenced to imprisonment for more than three years, the law does not attach legal significance and the marriage is dissolved in his absence. The presence of the spouses with common minor children is also not an obstacle to divorce in these cases.
The basis for state registration of divorce is an application for divorce, filed by one of the spouses, and a court decision (verdict) that has entered into legal force in relation to the other spouse, if he is recognized by the court as missing, recognized by the court as legally incompetent or sentenced for committing a crime to imprisonment for a period exceeding three years.
In the application for divorce, the following information must be indicated:
Surname, name, patronymic, date and place of birth, citizenship, nationality (indicated at the request of the applicant), place of residence of the spouse who wants to dissolve the marriage;
· Grounds for divorce (a court decision (verdict) that has entered into legal force in relation to the other spouse, if he is recognized by the court as missing, recognized by the court as legally incompetent or sentenced for committing a crime to imprisonment for more than three years);
· Surname, name, patronymic, date and place of birth, citizenship, last known place of residence of the other spouse;
· Details of the marriage act record;
· The surname chosen by the spouse who wishes to dissolve the marriage.
(A spouse who changed his surname upon marriage to another has the right to retain this surname after the dissolution of the marriage, or, at his request, during the state registration of the dissolution of the marriage, he is assigned a premarital surname);
· Details of the identity document of the spouse who wants to dissolve the marriage;
· The place of residence of the guardian of the incapacitated spouse or the property manager of the missing spouse or the location of the institution executing the sentence in which the convicted spouse is serving his sentence.
The spouse who wishes to dissolve the marriage signs the application and indicates the date of its preparation. Simultaneously with the application for divorce, the following must be submitted:
· A court decision on the recognition of the other spouse as missing or incompetent, or a court judgment on the conviction of the other spouse to imprisonment for more than three years;
· An identity document of the applicant.
State registration of divorce at the request of one of the spouses is carried out in his presence after a month from the date of filing an application for divorce.
The registry office that has accepted the application for divorce shall notify within three days the spouse serving a sentence, or the guardian of the incapacitated spouse or the manager of the property of the missing spouse, and in their absence, the guardianship and trusteeship body of the application received and the date appointed for state registration of the dissolution of marriage ...
If the marriage is divorced with a spouse who is incapacitated or sentenced to imprisonment for a term of more than three years, the notice also indicates the need to inform, before the date set for state registration of divorce, the surname he chooses upon dissolution of the marriage.
The state duty for state registration of divorce, including the issuance of certificates, upon divorce at the request of one of the spouses, if the other spouse is recognized by the court as missing, incapacitated or convicted of a crime to imprisonment for more than three years, is 100 rubles each (subparagraph 2, clause 1 of article 333.26 of the Tax Code of the Russian Federation). State registration of divorce is carried out by the registry office at the place of residence of the spouses (one of the spouses) or at the place of state registration of marriage.
At the same time, local self-government bodies of municipalities, in whose territories there are no registry offices, can be endowed by the law of the subject of the Russian Federation with powers for state registration of acts of civil status, including local self-government bodies of rural settlements - for state registration of divorce.
The following information is entered into the record of the act of divorce:
Surname (before and after divorce), name, patronymic, date and place of birth, citizenship, nationality (entered at the request of the applicant), place of residence of each of the persons who divorced;
· The date of drawing up, the number of the record of the marriage certificate and the name of the registry office in which the state registration of the marriage was made;
· Date of termination of marriage;
· Details of the identity documents of those who dissolved the marriage;
· Series and number of the divorce certificate.
The date of termination of marriage in the record of the act of divorce is indicated in accordance with the Family Code of the Russian Federation (Art. 25, Clause 3, Art. 169 of the RF IC).
A marriage dissolved in the registry office is terminated from the date of state registration of the divorce in the civil registration book. The grounds for state registration of divorce in the registry office are: joint statement of the spouses; a statement by one of the spouses, if the other spouse is recognized by the court as incompetent, missing or is sentenced to imprisonment for a term of more than three years.
Divorce certificate contains the following information:
Surname (before and after divorce), first name, patronymic, date and place of birth, citizenship, nationality (if it is indicated in the record of the divorce deed) of each of the persons who dissolved the marriage;
· Information about the document that is the basis for state registration of divorce;
· Date of termination of marriage;
· The date of drawing up and the number of the record of the act of divorce;
· Place of state registration of divorce (name of the registry office, which made the state registration of divorce);
· Surname, name, patronymic of the person to whom the divorce certificate is issued;
· Date of issue of the divorce certificate.
A divorce certificate is issued by the registry office to each of the divorced persons.
After the state registration of divorce and the issuance of relevant certificates in passports or other identity documents of the spouses, a mark on the dissolution of the marriage is made. Moreover, if the state registration of divorce is carried out in the absence of one of the spouses, then a mark on the dissolution of marriage in his passport or other identity document is made by the registry office when issuing him a certificate of divorce.
In accordance with Art. 20 of the RF IC, disputes about the division of the spouses' common property, the payment of funds for the maintenance of a needy disabled spouse, as well as disputes about children arising between spouses, one of whom is recognized by the court as incapable or convicted of a crime to imprisonment for a term of more than three years, are considered in judicially, regardless of divorce in the registry office.
Conclusion
According to paragraph 2 of Art. 19 of the RF IC, divorce in the registry office can be carried out at the request of not only both, but also of one of the spouses, and regardless of whether they have common minor children. The law allows this possibility in three cases:
If the other spouse is recognized by the court as missing,
If the other spouse is declared legally incompetent by the court,
· If the other spouse is sentenced to imprisonment for a term exceeding three years for committing a crime.
In the case of divorce in the registry office at the request of one of the spouses in the above cases, the consent of the incapacitated spouse or spouse sentenced to imprisonment for more than three years is not required. An incapacitated spouse cannot express his will to dissolve a marriage due to his incapacity, the consent of a spouse sentenced to imprisonment for more than three years, the law does not attach legal significance and the marriage is dissolved in his absence. The presence of the spouses with common minor children is also not an obstacle to divorce in these cases.
The basis for state registration of divorce is an application for divorce, filed by one of the spouses, and a court decision that has entered into legal force in relation to the other spouse, if he is recognized by the court as missing, recognized by the court as legally incompetent or sentenced for committing a crime to imprisonment for a term longer than three years.
A marriage dissolved in the registry office terminates from the date of state registration of divorce in the civil registration book.
List of used literature
1. Family Code of the Russian Federation: Federal Law of the Russian Federation dated December 29. 1995 No. 223-FZ (as amended on 30.06.2008 No. 106-FZ) // Collected Legislation of the Russian Federation. - 2008. - No. 27. - Art. 3124.
2. Vishnyakova A. V. Family and inheritance law: a tutorial / A. V. Vishnyakova, otv. ed. V. M. Khinchuk. - M.: CONTRACT; Walters Clover, 2010 .-- 367 p.
3. Grishina I. I. Family law: textbook / I. I. Grishina, I. P. Grishin. - M.: Gorodets, 2004 .-- 159 p.
4. Yezhov Yu. A. Family law: an album of schemes: a tutorial / Yu. A. Yezhov. - M.: Dashkov and K ", 2000. - 35 p.
5. Eremichev I. A. Family law: an album of schemes: a tutorial / I. A. Eremichev, E. L. Strawing. - M.: INFRA-M, 2002 .-- 222 p.
6. Muratova SA Family law: textbook for universities / SA Muratova. - M.: Eksmo, 2004 .-- 448 p.
7. Nechaeva A. M. Family law: a course of lectures / A. M. Nechaev. - M.: Yurist, 2000 .-- 332 p.
8. Family law: textbook for universities / ed. P.V. Krasheninnikov. - M.: Statut, 2007 .-- 301 p.
9. Chernichkina G. N. Family law: textbook / G. N. Chernichkina. - M.: Jurisprudence, 2010 .-- 199 p.
10. Yagudin N. K. Family law of the Russian Federation: lecture notes / N. K. Yagudin. - Rostov n / a: Phoenix, 2002 .-- 222 p.
