GENERAL CHARACTERISTIC OF WORK

Relevance of the research topic. In accordance with the Concept of long-term socio-economic development of
the Russian Federation for the period until 2020, the components of domestic policy are: preservation and
strengthening of public health, strengthening the role of disease prevention and the formation of a healthy lifestyle,
providing social and psychological support for people released from places of deprivation, the formation of a system
of social rehabilitation of citizens released from places of deprivation of liberty and convicted of punitive measures
not related to deprivation of liberty , and etc.
The emphasis on these problems is due to the fact that when executing sentences, the health status of convicts usually
worsens. In correctional institutions (PS), the vast majority of convicts have mental or other illnesses that are more
pronounced than those of the rest of the population. In this case, the state of health is the most important personal
feature of each convict, which should accordingly reflect on the organization of the execution of criminal punishment.
However, in the process of serving a sentence, the majority of convicts do not take an active part in the correctional
process, deliberately do not make efforts for personal positive changes, lead a violating lifestyle and expect release
from punishment, including early release. The administrations of institutions and bodies executing criminal
sentences are poorly oriented towards taking into account the state of health of convicts when organizing the
correctional process and preventing them from committing new crimes.
This situation is a consequence of a number of legal and organizational problems. Criminal and penal legislation does
not aim to take into account the state of health of convicts, weakly stimulates them to maintain it, and does not
emphasize the peculiarities of their legal status depending on the type of disease, does not sufficiently take into
account their state of health in providing corrective action, etc. criminal penalties generally do not take into account
the state of health of the convict.
At the same time, various benefits are provided for sick prisoners and the possibility of their early release. In this
situation, it is advantageous for convicts to have the disease as a basis for reducing the amount of corrective action
exerted on them.
At the same time, mental disorders and other diseases that affect the behavior of many convicts and entail the
commission of offenses are not subjected to appropriate preventive measures. In accordance with the Concept of
Development of the Criminal Executive System of the Russian Federation until 2020, it is planned to mass release
convicts from correctional institutions, including those with serious illnesses. It seems that such a release will not be
accompanied by an effective preventive effect. Given the actual lack of post-prison control over the behavior of sick
people, preventing them from committing new crimes and other offenses is ineffective.
At the same time, the number of medical correctional facilities (LIU) and medical and preventive treatment facilities
of the Federal Penitentiary Service (FSIN of Russia) remains insufficient, their material and technical support is
outdated, and, on the whole, penitentiary medicine does not meet modern standards in the field of healthcare. In view
of this, as well as due to improper regulation of the legal status of sick convicts, the latter have the possibility of
unofficial pressure on the administration of the correctional institution in order to weaken the corrective and
preventive effect exerted on them.
As a result of the implementation of the corrective action and the prevention of antisocial behavior, the state of health
of the convicts is not sufficiently taken into account, and their treatment is mainly carried out separately, without
interconnection with the objectives of the penal legislation.
Meanwhile, decisions are made at the international level and in foreign legislation on various aspects of the execution
of criminal penalties in relation to sick convicts, which indicates the possibility of greater (than at present)
development of the organizational and legal framework for recording the state of health of convicts in Russia to
achieve the goals of criminal enforcement .
The above indicates the presence of unresolved theoretical, legal, organizational and other conceptual problems of
theoretical and applied value in the field of the execution of criminal penalties for sick prisoners, which determines
the relevance of this study. The development of new conceptual approaches to the execution of criminal sentences
with the maximum regard for the state of health of convicts as their most important personality is also relevant.

The object of the study was public relations, emerging in the process of the execution of criminal punishments for
sick prisoners.
Subject of research - a set of legal, theoretical, practical, organizational and other problems that arise in the
process of executing criminal sentences in relation to sick convicts, as well as corrective and preventive effects in
relation to them; their legal status; domestic criminal, penal enforcement and other legislation; international legal
acts; foreign legislation; legal, organizational and other fundamentals of the activities of the Ministry of Justice of
Russia, the Federal Penitentiary Service of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs
of Russia, other state and non-state bodies with regard to the execution of criminal penalties for sick prisoners.
purpose the research consists in a comprehensive scientific analysis of the theoretical and applied aspects of the
execution of criminal sentences in relation to sick convicts and the formulation on this basis of the concept of the
development of the execution of criminal sentences in relation to them.
To achieve this goal, the following tasks were solved :
- the historical development, modern problems of taking into account the state of health of convicts and the
organization of medical care in the execution of criminal sentences, taking into account the provisions of the Concept
for the development of the penal system of the Russian Federation until 2020, were investigated;
- Directions for taking into account the state of health of convicts were determined
- analyzed the legal status of sick convicts;
- investigated the corrective effect in relation to sick prisoners;
- the inclusion of treatment in the list of remedies for convicted prisoners is justified;
- investigated various aspects of treatment as the basis for the interaction of convicts with institutions and bodies that
carry out sentences in the context of achieving the goals of the penal legislation;
- proposed a new additional criterion for assessing the degree of correction of the convicted person - his attitude to
the state of his health;
- analyzed various types of early release from serving sentences of sick prisoners;
- the rationale for the application of security measures in relation to sick prisoners is given;
- substantiated the need to introduce the institution of suspension of the execution of sentences;
- A number of organizational and legal measures to improve the medical support of prisoners sentenced to custody
were determined;
- The concept of developing the execution of criminal sentences in relation to sick prisoners is formulated.
Methodological basis and research technique.The methodological basis of the study is represented by the
general scientific dialectic method of cognition of social phenomena, methods of analysis and synthesis. The method
of historical analysis is used to study the development of accounting for the state of health of convicts and the
organization of medical care in the execution of criminal sentences. Comparative legal method - in the study of the
legal regulation of the execution of criminal sentences in relation to sick convicts in domestic and foreign legislation,
as well as internationally. System-structural analysis - in the process of studying the relationship between the
execution of criminal sentences in relation to sick convicts with the type of disease and other characteristics of the
convicts, their legal status, type of exemption from punishment,
Empirical material was obtained and worked with using questionnaire methods for employees of state bodies
(correctional institutions, criminal executive inspectorates, territorial divisions of the Federal Penitentiary Service of
Russia, internal affairs agencies, military divisions, territorial health authorities, prosecution authorities, and judicial
authorities), analysis of documents ( personal files of prisoners sentenced to imprisonment and other criminal
punishments, decisions of courts and other bodies on the early release of prisoners from serving punishments,
prosecutorial response measures on violations of the law in the activities of institutions and bodies executing
sentences, sentences of courts of general jurisdiction and military courts to convict persons with diseases to criminal
punishment, other materials).
The dissertant actively used the methods of induction, deduction, analysis, synthesis, the formal logical method,
which contributed to the identification and solution of numerous problems associated with the execution of criminal
sentences in relation to sick prisoners.
The normative basis of the research is formed by regulatory legal acts of various levels: international legal
acts; Constitution of the Russian Federation; criminal, penal enforcement and other legislation of the Russian
Federation, including departmental regulatory acts; criminal, penal enforcement and other legislation of a number of
foreign states.
The empirical basis of the studyrepresented by numerous domestic regulatory acts, international documents,
foreign legislation, materials of scientific and practical conferences and other scientific events, statistics on the
activities of institutions and bodies executing criminal sentences, judicial authorities, prosecutors, their service
materials, information published in scientific literature and periodicals, materials from foreign sources, as well as
archival documents and materials of the State Archive Russian Federation, Don State Public Library, the National
Library of Belarus, the libraries of higher education institutions (Academy FSIN of Russia, Vladimir legal institute
FSIN Russia, Vologda Institute of Law and Economics FSIN Russia, Voronezh State University,
610 personal files of patients sentenced to imprisonment and other criminal punishments, 820 decisions of courts
and other bodies on the release of convicts from serving sentences in connection with illness, conditional release,
amnesty and the use of other types of early release from serving sentences, were studied, 290 documents on the
application of measures of prosecutorial response to violations of the law in the activities of institutions and bodies
executing sentences, 130 medical records of prisoners who died due to illness, 690 sentences of courts of general
jurisdiction and military s courts of persons accused of having the disease, to criminal penalties.
130 employees of the Federal Penitentiary Service of Russia and other state bodies directly working with sick
prisoners were surveyed. About 600 employees of correctional institutions, criminal-executive inspections, territorial
bodies of the Federal Penitentiary Service of Russia, internal affairs agencies, military units, territorial health
authorities, prosecutors, and judicial bodies were interviewed.
Scientific novelty of researchIt consists in the fact that the author carried out the first theoretical and applied
research, including an analysis of the conceptual principles and problems of legislation, theory and practice of the
execution of criminal sentences in relation to sick convicts, at the level of a doctoral dissertation, and also formulated
a set of organizational and legal measures of medical corrective and preventive impacts on convicts with different
diseases and serving different sentences.
Consistency and an integrated approach made it possible to formulate a theoretical model in the form of a concept for
the development of the execution of criminal sentences in relation to sick convicts (set out in the form of an appendix
to the dissertation), which allows solving a complex of scientific and practical problems and having no analogue in the
scientific legal literature.
From the position of a systematic approach, the dissertation author has developed new solutions to theoretical and
applied problems of importance for the science of criminal and criminal executive law, as well as criminology. In
particular, the work identifies areas for taking into account the state of health of convicts in the process of executing
sentences and their relationship with the objectives of the penal legislation; the necessity of the relationship between
the treatment process of convicts and their correction (up to the recognition of treatment as a means of correction) is
substantiated the concretization of the legal status of sick prisoners is proposed depending on the type of disease and
their other characteristics; justified a new criterion for assessing the degree of correction of convicts - attitude to the
state of their health; investigated various aspects of treatment as the basis for the interaction of convicts with
institutions and bodies that carry out sentences in the context of achieving the goals of the penal legislation; a number
of legal and other measures have been formulated to stimulate the active participation of sick prisoners in the
correctional process and a responsible attitude to their state of health. The criterion of novelty is also met:
development of organizational and legal measures to improve medical support for prisoners sentenced to
imprisonment; the rationale for the introduction of the institution of suspension of serving a sentence aimed at
achieving the goals of the penal legislation; an interconnected system of types of early release of sick convicts from
serving sentences has been formulated; a comprehensive security system is proposed,
Protection provisions:
1. The focus on the health status of convicts affects the fundamental provisions for the execution of criminal
sentences, since the vast majority of convicts have diseases. This requires new approaches to developing an
appropriate concept. A theoretical model in the form of a concept for the development of the execution of criminal
sentences in relation to sick convicts should include: directions for taking into account the state of health of convicts
in the execution of criminal sentences; reforming the system of medical institutions that carry out sentences of
imprisonment, and improving the organizational and legal foundations of their activities; improvement of the legal
status of sick prisoners deprived of their liberty; increasing the effectiveness of correctional measures in relation to
sick convicts deprived of their liberty; execution of non-custodial sentences, in relation to sick convicts; public
involvement in the execution of criminal sentences in relation to sick prisoners; early release from punishment of sick
convicts; suspension of serving a sentence; post-prison control of sick persons released from punishment.
2. The health status of convicts should be carried out in 11 areas (which are only partially reflected in the legislation
and in practice):
1) receiving medical assistance from penitentiary institutions (bodies) and territorial health authorities;
2) transfer to penitentiary or civilian medical institutions;
3) granting the right to additional medical care;
4) the specifics of applying the regime, educational work and attracting to socially useful work and other means of
correction;
5) medical impact in order to ensure public safety;
6) facilitation of the conditions of detention and serving the sentence;
7) imposition of obligations related to ensuring public safety;
8) the provision of additional rights;
9) suspension (delay) of serving a sentence;
10) early release from serving a sentence;
11) post-prison control.
3. Historically, the development of directions for recording the state of health of convicts in domestic legislation was
at first subordinated to the goal of crime prevention and only subsequently began to extend to correction of
convicts. These areas should theoretically be covered by the objectives of the penal legislation. However, modern
approaches to realizing the goals of the criminal-executive legislation do not directly take into account primarily a
number of the indicated directions for recording the state of health of convicts (except for 4, 5, and 7 directions),
which complicates the correction of convicts and the prevention of crimes (i.e. ensuring safety).
International standards are designed to establish legal restrictions on sick convicts in order to ensure security, and
rights and legitimate interests - to correct them. In domestic law, the presence (absence) of restrictions on sick
convicts should be more closely linked to security, and the provision and implementation of rights and legitimate
interests should be correlated with them.
4. The medical process of convicts should be carried out in conjunction with other means of correction (currently this
is actually not) and taken into account when correcting them. Treatment should be regarded as the basis for the
impact of the administration of the correctional institution on convicts, with a set of mutually enshrined rights and
obligations in order to correct them and ensure safety.
Compliance with the duties and realization of the rights of sick convicts should be evaluated in terms of their
correction, and treatment should become one of the means of correction. The attitude of convicts to their own state of
health becomes one of the criteria for assessing the degree of their correction. Compliance with medical prescriptions,
timely examination, implementation of rights aimed at improving (maintaining) the state of health should be
positively assessed by the administration of the penitentiary institution, and refusal of the examination, avoiding the
implementation of medical prescriptions, leading to a deterioration in the state of one’s health (including self-
mutilation), etc. p. - negatively. Since the illness of the convicted person usually negatively affects his behavior and
makes it difficult to use the prescribed basic remedies (especially during inpatient treatment in health facilities),
5. The legal status of sick convicts is characterized by the absence of a number of statutory rights or the presence of a
number of rights, the implementation of which is difficult for legal reasons. The complexity of the implementation (or
lack of legislative consolidation) of certain rights of sick convicts leads them to a dependency on treatment and the
use of remedies. As a result, there is a demonstrative behavior of such convicts who are interested in having the
disease and purposefully worsening their state of health, which is also not evaluated from the point of view of their
correction.
6. Stimulating a more active participation in the correctional process and a responsible attitude to the state of one’s
health requires legislative consolidation of a number of rights for sick prisoners (bringing domestic legislation closer
to international standards): non-disclosure of information about one’s state of health, receiving information about
one’s state of health, and demanding medical documents, participation in medical and other experiments, etc. The list
of these rights should vary depending on the type of illness of the convict.
The right of convicts to receive additional medical care (from specialists from the territorial health authorities) should
be legislated with a minimum list of restrictions due to the need to ensure security (which will bring it closer to
international standards). The effective exercise of the right to receive additional medical care will ensure the
continuity of the examination and treatment of prisoners between prison services and health authorities.
7. The convicted person’s responsible attitude to the state of health is ensured by granting him the right to consent to
the examination and treatment of diseases (except for mental disorders and life-threatening diseases), as well as the
obligation to follow medical prescriptions. Permission (refusal) of the patient convicted for examination and
treatment must be considered in conjunction with the implementation of the correctional process.
The extreme form of irresponsible attitude to the state of health is self-mutilation of convicts, pursuing various goals
and contradicting legislation, up to opposition of the correctional institution administration, evasion of correctional
influence or early release from serving a sentence.
In order to prevent an irresponsible attitude to the state of health, it is proposed to impose on such convicts the costs
associated with their treatment, attribute self-mutilation to a malicious violation, suspend the calculation of the
penalty for the period of medical care, and also take such an attitude into account when assessing the degree of their
correction, including when deciding on their early release.
8. Legislative concretization of the organizational and legal aspects of the activities of medical facilities is required,
where the legal status of convicts is worsened (compared to penitentiary institutions), and the correctional effect is
limited regardless of the type of disease and other individual signs of the convicted person (many of them seek to get
into medical facilities by irresponsible attitude to state of health, including self-harm). The treatment and prevention
institution should receive the status of a single penitentiary medical center, which is an interspecific institution,
where treatment will be a priority means of correction of persons sentenced to various criminal penalties
(imprisonment for a certain term, life imprisonment, etc.), and the use of other correctional means will take into
account as much as possible state of their health.
9. Domestic legislation enshrines a five-stage system for assessing the health status of a person guilty of a crime: 1) at
the time the crime was committed; 2) upon sentencing; 3) in the course of its execution; 4) upon release from it; 5) by
resuming the execution of punishment in case of recovery of a person. Each stage ends with an assessment of the state
of health of the person, which usually does not play a significant role for the subsequent stage, which leads to a lack of
continuity in the medical and preventive effect.
The proposed measures to take into account the state of health of a person during the implementation of corrective
measures and ensure safety should be cross-cutting and applied both during the period of serving the sentence and
after release. For persons with mental disorders, the use of security measures (primarily compulsory medical
measures) is mandatory, and for patients with other diseases with their consent (this should be taken into account
when assessing the degree of correction and the expediency of their early release from serving their sentences) .
10. In order to resolve the contradictions that arise during treatment and the use of legally prescribed remedies (if it is
actually impossible to continue serving a sentence due to the deterioration of the health of the convict), it is proposed
to introduce an institution to suspend the execution of the sentence with its mandatory continuation after the health
of the convict is improved.
In order to ensure safety, the institution of exemption from serving a sentence in connection with an illness must be
reformed into the institution of suspension of serving a sentence and extended to persons with mental illness (under
part 1 of article 81 of the Criminal Code of the Russian Federation), with the mandatory application of security
measures until they are cured. Early release of convicts from the correctional facility should be carried out with the
appointment of security measures. In case of evasion of security measures or in case of recovery of a person who had a
mental disorder, it is advisable to continue serving his sentence.
The theoretical significance of the studyconsists in the fact that the theoretical and legal foundations are
formulated in the dissertation, including an analysis of the conceptual principles and problems of the legislation,
theory and practice of the execution of criminal sentences in relation to sick prisoners.
Of great theoretical importance is the author’s concept of developing the execution of criminal punishments for sick
convicts, which contains a number of new solutions to problems that are important for criminal and penal law,
criminology, as well as a system of security measures used to prevent the commission of new crimes.
The provisions of the dissertation research enrich scientific knowledge about the development and current state of the
health status of convicts and the organization of medical care in the execution of criminal sentences, the legal status of
sick convicts, correctional effects in relation to them, various types of early release from serving sentences of sick
convicts, a complex of legal, organizational and other measures to improve the effectiveness of preventive and
preventive measures in their regard.
The practical relevance of the studyIt consists in the fact that it formulated practical recommendations for
institutions and bodies executing sentences in relation to sick convicts, as well as bodies of the court, prosecutor's
office and other state bodies and non-governmental organizations that control or facilitate the criminal-executive
process.
The results of the study in the field of recording the state of health of convicts in order to achieve the goals of the
penal legislation, the adequate use of correction tools, assessing the degree of correction, clearly fixing and
implementing their legal status, concretizing the organization of activities of medical facilities of penal correctional
institutions, implementing security measures during the period of serving the sentence and after release , the creation
of a comprehensive system of early release, other aspects of the execution of criminal sentences in relation to sick
convicts may be taken into account in the further improvement of criminal, penal, medical and other legislation, the
implementation and updating of the Concept of development of the penal system of the Russian Federation until
2020, become the basis for the compilation and implementation of federal and regional programs to facilitate the
execution of punishments for sick convicts, as well as used in the practical activities of state bodies and non-
governmental organizations that carry out corrective actions and prevent the commission of crimes and other
offenses by sick convicts. The practical significance of the study is determined by the possibility of using its
conclusions and recommendations when developing methodological recommendations on the execution of criminal
sentences in relation to sick convicts, preparing reviews and clarifications on the practice of corrective action and
preventing the commission of crimes and other offenses by sick convicts, as well as monographs, textbooks, lectures,
Testing the results of the study. The dissertation was discussed and recommended by the departments of
criminal executive law and criminology and the organization of crime prevention at the Academy of the Federal
Penitentiary Service of Russia.
The results of the study were reported at 37 legal, psychiatric and other scientific and practical conferences and other
scientific events of various levels, held in the North-West Federal District (Vologda, Pskov, St. Petersburg), the North
Caucasus Federal District (Stavropol), and the Ural Federal District (Tyumen), Central Federal District (Moscow,
Ryazan), Southern Federal District (Rostov-on-Don, Krasnodar), abroad (Bulgaria, Poland, Ukraine, Czech Republic),
including 20 - international and 11 - all-Russian level nya.
The main points, conclusions and recommendations of the study are presented by the dissertation in 100 research
and educational works with a total volume of 105.47 pp: 6 monographic works; 87 scientific articles, including 15 - in
publications recommended by the Higher Attestation Commission of the Ministry of Education and Science of Russia,
and 7 - in foreign collections (2 of them are in the edition recommended by the Higher Attestation Commission of
Ukraine); 7 educational-methodical and other works, including 3 - in the form of specialized sections of textbooks on
criminal executive law, of which 1 - has the stamp of UMO on legal education of universities of the Russian
Federation.
The results of the dissertation research are embedded in the educational process of educational institutions of higher
professional education (Academy of the Federal Penitentiary Service of Russia, Buryat State University, Don Law
Institute, Institute of Criminal Executive Service of Ukraine, Krasnodar University of the Ministry of Internal Affairs
of Russia, Kuban State University, Rostov State Medical University, Chita State University ( at present - Transbaikal
State University)), as well as in the practical activities of law enforcement agencies involved in the execution of
criminal penalties for sick convicts (the Federal Penitentiary Service of Russia, the Federal Penitentiary Service of
Russia in the Rostov Region, the Rostov Prosecutor's Office for Supervision of Laws in Correctional Facilities, the
Federal Penitentiary Service of Russia in Astrakhan,
The structure of the study . The dissertation consists of two volumes and includes an introduction, five chapters,
uniting 14 paragraphs, a conclusion, a list of used literature and applications (including the Concept of the
development of the execution of criminal sentences in relation to sick convicts).
BASIC CONTENTS OF WORK
The introduction substantiates the relevance of the research topic, defines its purpose and objectives, object and
subject, the degree of scientific development of the topic, reveals the scientific novelty, the methodological basis and
research methodology, theoretical, regulatory and empirical foundations, formulates the main provisions to be
defended , the theoretical and practical significance of the dissertation is argued, data are given on approbation of the
research results and its structure.
The first chapter, “ Recording the state of health of convicts and organizing medical care in the
execution of criminal sentences: a retrospective analysis”, consists of two sections.
In the first paragraph, "Accounting for the state of health of convicts and the organization of medical care in the
execution of criminal sentences in pre-revolutionary Russia," we study the origin and development of the
organizational and legal aspects of legal regulation and practice of taking into account the state of health of convicts in
the process of applying sentences until 1917.
For a long time, the health of the person who committed the crime did not matter what is given to him now, and the
provision of medical care was not a priority in the activities of the administrations of the relevant bodies and
institutions. This was manifested in the application of self-harming punishments (penalties) and torture up to the
death of a prisoner, in the absence of a systematic normative regulation of the use of punishment (in the modern
sense) and medical support and other circumstances.
Difficulties in the formation of a general approach to recording the state of health of individuals stemmed from the
significant variety of places of detention where they were held and the lack of a systematic approach to organizing
their activities, including in terms of medical care. In the absence of a hospital as part of a penitentiary institution,
detainees could be sent to civilian hospitals or military hospitals for inpatient care. Attempts to organize prison
medical institutions in the form of separate rooms began to be carried out in the 18th – 19th centuries. (mainly to
prevent the escape of prisoners).
An analysis of the legal regulation and practice of the execution of sentences during this period revealed the presence
of records of the health status of prisoners in the following areas: receiving medical assistance from both the
penitentiary bodies and the health authorities; transfer of sick persons to penitentiary or civilian medical
institutions; facilitating conditions of detention and serving sentences; specifics of the use of remedies; suspension
(delay) of serving a sentence; early release from serving a sentence; post-penitentiary control over the behavior of the
person. This approach was applied only to certain categories of people, and in general there was a lack of proper
accounting for their health status.
Inthe second paragraph, "Accounting for the health status of convicts and the organization of medical care in the
execution of criminal sentences: the Soviet period and current problems" , it is noted that the lack of a systematic
approach in the studied area continued into the Soviet era.
The author identifies and describes the main factors that had a negative impact on the state of material and domestic
and medical support of prisoners sentenced to imprisonment in Soviet times, which did not allow taking into account
the state of health to the necessary extent and organizing proper medical care for them; examines the development
and current problems of the organizational and legal foundations of the activities of medical facilities in penal
institutions, identifies factors that negatively influenced their activities that developed in those years (lack of
interregional medical facilities specializing in the provision of a specific type of medical care (especially psychiatric),
to which patients sentenced from other constituent entities of the Russian Federation; for a long time, hospitals have
not had the status of independent institutions, etc.).
The idea of insufficient legislative regulation of the medical services of convicts is substantiated, when certain aspects
of taking into account their state of health when applying criminal penalties are only fragmentarily enshrined in the
legislation. Formulated by the author of 11 directions for recording the state of health of convicted prisoners, they are
still not fully enshrined in law and are not applied in the process of executing sentences, and a number of them, as it
were, are not directly related to the goals of the criminal-executive legislation.
The second chapter, “The legal status of sick prisoners,” consists of four paragraphs.
The first paragraph "Normative basis of the legal status of sick convicts"allows us to conclude that there is no
systematic approach to regulating the legal status of sick prisoners.
In the Criminal Code of the Russian Federation there are no norms providing for the specifics of applying sentences to
sick convicts when serving most of the sentences. A similar situation arises in the PEC of the Russian Federation. As a
result, the main volume of legal restrictions on sick convicts (including the exercise of the right to protect health and
medical care) is prescribed at the by-law level, which we consider unreasonable and not consistent with the objectives
of the penal legislation.
At the international level, an approach has been proclaimed to maximize the right of the offender to protect
health. Restrictions on the exercise of his rights depending on the disease are due to the need to prevent crimes and
other offenses, as well as causing harm to himself or others. In international acts, patients have rights, including the
right to medical care, their consent to medical intervention, obtaining information about their state of health,
additional guarantees of protection of rights when they conduct medical research. The presence of diseases among
prisoners does not lead to additional difficulties in the implementation of other rights.
In Russian legislation, the majority of legal restrictions for sick convicts do not have a clear goal, as a result of which
the effectiveness of both correcting them and preventing the commission of crimes and other offenses is reduced.
In the second paragraph “The legal status of sick convicts in the course of serving a prison term”the author comes to
the conclusion that insufficient regulation of the legal status of sick convicts and difficulties in the implementation of
statutory rights and legitimate interests leads to some kind of dependent position when they place the responsibility
for health on the administration of the correctional institution. The idea of stimulating the attitude of convicts to the
state of their health and changing their position so as to exercise their rights is substantiated. The attitude of convicts
to the state of health should be appropriately (positively or negatively) evaluated by the administration.
In the PEC RF, a number of rights and obligations of sick convicts are usually fixed without proper consideration of
their health status, severity of illness, and other circumstances. Insufficient regulation of their legal status leads to the
fact that they are passive in the exercise of rights and deliberately do not make efforts for personal positive changes. A
number of convicts blackmail the administration of the correctional institution with their diseases and force them to
carry out not a corrective process, but mainly a therapeutic effect. Some duties imposed on sick convicts do not take
into account the type of disease, which sometimes leads either to unreasonable imposition of certain duties on
convicts, which may not deserve it, or to ignoring diseases, the identification and treatment of which requires
increased attention.
In some cases, conducting a medical examination of a convicted person without his consent can hardly be called
justified (which does not correspond to international standards). This is especially evident with its negative attitude to
medical measures (manifested in the form of evasion from their conduct), and also taking into account the lack of
obligation to follow medical prescriptions (there are various ways to avoid treatment). Convicts who are responsible
for their state of health, and without imposing an appropriate duty on them, fulfill the requirements of medical
personnel of the penitentiary institution, including on examination and treatment, strive to maintain their state of
health at the proper level (undergo examinations, follow medical procedures, etc. n.) must be kept separate from
persons
The author substantiates a new approach in the relationship between convicts and the administration, which consists
in encouraging the former to take responsibility for their state of health with a partial refusal of the obligation to be
examined and treated (with the exception of identifying and treating mental disorders, as well as cases that threaten
the life of the convict).
Organizational difficulties in penitentiary healthcare at the level of modern standards can be partially compensated by
expanding the right of convicts to receive additional medical care. However, a number of unreasonable conditions are
provided for in the TAC of the IS and TAC of the VK, which make it difficult to receive additional medical care for the
sick convict and do not meet international standards.
It is advisable to grant the following rights to sick convicts held in detention centers (taking into account international
standards and foreign experience): the right to non-disclosure of information about the presence of a disease,
especially not obvious, such as, for example, HIV infection; the right to participate, with their consent, in medical and
other experiments, ensuring the legality and free exercise of their will; the right to receive information about one’s
state of health, the necessary treatment and prognosis of the disease, as well as to request extracts from medical
records and other documents with the possibility of their storage, including to ensure the continuity of medical care
after release; the right to apply for post-prison medical and other care after being released from prison; and so on.
Inthe third paragraph "The legal status of sick convicts in medical correctional and treatment-and-prophylactic
institutions" indicates that the legal status of sick convicts in LIU and MPI is equalized. This leads to unjustified legal
restrictions on convicts (a ban on long visits, etc.) regardless of the type of disease, type of correctional colony (IK),
conditions of detention and other circumstances.
In fact, a conflict of interests arises when the realization of the right to protect health by transferring sick convicts to
LIU or health facilities makes it difficult to realize other rights of this category of persons. When transferring sick
convicts to LIU and health facilities, they often lose some rights (legitimate interests) and are subject to restrictions
that are not provided for in a specific EC and do not correspond to a court sentence (the most revealing situation
occurs when convicts are transferred to medical facilities from colony settlements).
There is no normative fixing in the penal legislation of the daily routine of hospitals of medical facilities (significantly
different from the IC), under which the administration of the institution has the right to impose additional duties on
convicts. Departmental legislation contains additional restrictions on the exercise of the rights of convicts to the
subjective discretion of institution officials.
In the fourth paragraph, “The legal status of sick convicts who are not deprived of their liberty” , the conclusion is
drawn that the presence of a disease in convicts has little effect on their legal status in the execution of sentences not
related to deprivation of liberty.
The author substantiates the directions of concretization of the legal status of sick convicts who are not deprived of
their liberty: if a convict is found to have a fine that affects the possibility of paying it, it is advisable to provide for the
right to go to court to reduce the fine, installment payment, deferral or suspension of payment; when a 2nd or 3rd
group is recognized as disabled or a disease is found in a convict who does not allow serving compulsory or
correctional labor, it should (taking into account foreign experience) provide for the right to appeal to court to
suspend serving a sentence; in the event of pregnancy, a woman convicted of compulsory or correctional labor,
It seems reasonable to additionally regulate the right of convicts to arrest to receive: additional parcels and transfers
in quantity and assortment, determined in accordance with a medical report; additional medical assistance from
government bodies and healthcare institutions; inpatient medical care in medical facilities of penal correction system.
The third chapter, “ Corrective Action for Sick Convicts, ” consists of four paragraphs.
In the first paragraph, “The attitude of the convict to his state of health as a criterion of correction”in view of the fact
that at present treatment is not a means of correction, the state of health of the convicted person is not taken into
account when assessing the degree of correction and, in fact, correction and treatment are two parallel lines that are
not interconnected, the convict’s attitude to his state of health is proposed to be recognized as a criterion for his
correction.
When serving a sentence, the disease (if treatment is not carried out) usually progresses and often leads to a negative
assessment by patients of the convicts of the environment, including the actions of the administration of the
institution or the body that executes the punishment. A convicted person usually does not seek to improve his state of
health, since the presence of a disease promises him certain benefits, and the cure is not evaluated in terms of
correcting it. Criminal executive legislation, in fact, does not stimulate the convict to improve (or maintain) his state
of health. To obtain such benefits, convicts often specifically contribute to the acquisition of the disease through self-
mutilation or rash actions. The goals of self-harm can be avoiding corrective action and counteracting the activities of
the administration of the institution or body,
When committing self-mutilation, prisoners sentenced to deprivation of liberty most actively influence the
administration of the correctional institution, while during the period of receiving treatment they actually find
themselves outside the proper corrective action and become persons subject to care and treatment. At the same time,
in a number of cases, there is actual disregard or a neutral attitude on the part of the administration of the
penitentiary institution to the facts of self-mutilation of convicts in assessing the degree of correction. Legal
shortcomings also contribute to this: self-mutilation does not belong to the number of malicious violations of the
established procedure for serving a sentence;
The second paragraph, “Correctional Impact on Sick Convicts Deprived of Liberty”, discusses the problems of
applying basic remedies for sick convicts deprived of their liberty (this is most often expressed in LIU and health
facilities), as well as legal and other reasons that the regime remains predominantly for them a significant remedy. In
relation to sick convicts, the criterion for assessing the effectiveness of the corrective action is lacking - attitude to
treatment. Treatment should be an individual form of interaction between the administration of the institution and
the convict with an appropriate mutual set of rights and obligations of both parties.
There are several reasons for the therapeutic interaction between the administration of the correctional institution
and the convicts: examination and treatment of convicts without their consent regarding certain diseases; consent of
the convicted person to examination and treatment at the place of serving the sentence; the consent of the convict to
examination and treatment in medical institutions of the penal correction system (or medical institutions of the
health authorities); the consent of the convict to participate in medical, scientific or other experiments.
If the convicted person has consented to the implementation of medical measures in relation to him (or these
measures were taken in some cases without his consent), this should be fixed by the obligation to observe the daily
routine in the medical unit or institution, to comply with medical instructions, and not to take actions aimed at
deterioration of his state of health, etc. When a convict delays the recovery process with his actions (contrary to
medical prescriptions), including by committing a member It is proposed to influence him with the help of
disciplinary sanctions (and provide that for the period of treatment the deadlines for imposing and enforcing
penalties are suspended), withholding treatment costs from him. Responsibility of sick convicts for violation of
medical prescriptions,
The third paragraph, “Corrective action in relation to sick convicts not deprived of their liberty”, examines the legal
and other factors of the insufficient use of basic remedies for sick convicts not deprived of their liberty.
The author comes to the conclusion: the regime is the main means of correction of sick convicts who are not deprived
of their liberty, although it is difficult to use treatment as an individual form of interaction with the administration,
because medical care is provided to them mainly by health authorities.
In practice, the control powers of criminal executive inspections are usually carried out formally, regardless of the
state of health and other characteristics of the convicts. As a result, there is a low efficiency of the correctional process
in relation to convicts (especially patients) to non-custodial sentences.
Directions for strengthening the corrective effect in relation to sick prisoners who are not deprived of their liberty are
highlighted: to stimulate their law-abiding behavior, including through the application of penalties and incentives to
improve (maintain) their state of health; more closely interconnect their behavior with changes in the conditions of
serving a sentence (taking into account foreign experience), as well as working conditions when serving compulsory
or correctional labor.
INthe fourth paragraph “Compulsory medical measures and their importance in the correction of
convicts” substantiates the idea of the necessity of applying compulsory treatment in the context of correction tools,
since the presence of mental disorders in prisoners directly affecting their behavior (often negatively) is not
sufficiently taken into account during correctional actions.
The presence of a large number of convicts with mental disorders requires additional exposure to them on a par with
correctional (in the modern sense). In relation to convicts with mental disorders, the role of coercive measures of a
medical nature (SMMH) is especially significant, since the corrective action in their relation is applied in a truncated
manner. The expansion of the use of PMMX in relation to all convicts with mental disorders, including those in need
of treatment for alcoholism or drug addiction, is relevant, since it is practically impossible to require voluntary
treatment from such persons (often having somatic diseases).
Approaches to the impact on convicts with mental and non-mental illnesses should differ, first of all, in the degree of
compulsory application of medical measures. The presence of somatic diseases should confront the convict with a
choice - to be treated (including in order to prevent deterioration of the disease and the occurrence of mental
disorders), which will be positively perceived from the point of view of correction by the administration of the
institution or the body that executes the punishment, or refuse treatment, which will characterize him negatively.
The fourth chapter, “Early release from serving sentences of sick prisoners,” consists of two sections.
In the first paragraph "Exemption from serving a sentence in connection with the illness of the convict"analyzes
legal issues and the practice of releasing convicts from serving sentences in connection with their illness.
In this type of early release from punishment, not one of the goals of the penal legislation is achieved (although
priority is given to ensuring public safety at the international level): there are no criteria for this type of release (in
contrast to foreign legislation), except for the presence of a serious illness (theoretically and normatively similar
release is also possible in relation to persons sentenced to life imprisonment or the death penalty), which in practice
leads to the release of persons recognized s worst offenders are prone to aggression and self-aggression or have other
adverse characteristics; there is practically no post-penitentiary control over their behavior (in part 2 of article 81 of
the Criminal Code of the Russian Federation it is not provided for at all); the mandatory return of persons who
previously had a serious illness is not fixed, but subsequently cured, back to places of deprivation of liberty; when
serving compulsory or correctional labor, the consequences of refusal by the court to satisfy the application for release
due to the state of health of the convicted person are not regulated; there is no obligation to use the PMMX upon
release of the convict under Part 1 of Art. 81 of the Criminal Code of the Russian Federation and others.
When a convicted person is released from serving a sentence in connection with an illness, it usually does not become
clear how he acquired the disease and why he was brought to a difficult stage. Legislation provisions that do not
contain adequate ways to respond to self-mutilation, as it were, push convicts to commit these offenses, including for
early release from serving a sentence in connection with an illness. The author specifies various aspects of the
application of this type of exemption from punishment, advocates for more active participation in the court session of
officials (prison doctors, prosecutors, etc.) and other persons (members of the public, relatives of the convicted
person, victims, etc.), the introduction of the conditionality of its use, as well as transformations into the institution of
suspension of serving a sentence.
Inthe second paragraph “Other types of early release from serving sentences of sick convicts” analyzes the legal
problems and the practice of applying other types of early release from serving sentences of sick convicts
(conditionally ahead of schedule, under an amnesty, etc.), as well as criteria for their application and measures
conducive to more active participation of sick convicts in the process of serving their sentences.
An informal record of the state of health of convicts during their parole brings this type of release closer to release
from punishment due to illness and duplicates it to some extent (except for the need to serve part of the sentence). It
is proposed to include a new criterion for parole on the attitude of convicts to their health (which would have warned
them against self-harm or other actions that worsen their health, and also made them examined and
treated). Convicts who can be released under part 2 of article 81 of the Criminal Code of the Russian Federation, it is
more expedient to release on parole with a restriction in the scope of application of early release from punishment for
illness (as a basis for the release of convicts from serving sentences for health reasons, you can leave only a mental
disorder - for hours 1 tbsp. 81 of the Criminal Code).
Amnesty and pardon are also not legally dependent on the state of health of the convict. At the same time, amnesty's
mass release from places of deprivation of liberty of sick convicts (including tuberculosis), usually occurring without
proper consideration of their personal characteristics (including attitude to their state of health), creates a danger of
an increase in the level of recidivism and morbidity of the population.
It is necessary to tighten control over the behavior of sick people who are prematurely released from serving their
sentences, especially those with mental illness. In fact, in this case it will be possible to talk about transferring the
center for preventing the commission of new crimes to criminal-executive inspections (in some cases, together with
healthcare institutions) and sharing responsibility for achieving the goals of criminal-executive legislation between
inspections and correctional institutions.
Chapter Five, “Security Measures for Sick Convicts,” is divided into two paragraphs.
In the first paragraph "Justification for the application of security measures in relation to sick prisoners"The
necessity of reinforced corrective and preventive effect on convicts with mental and other diseases is argued. The
author, taking into account the relationship between crimes and mental deviations of offenders, substantiates the
need to apply an interconnected set of security, medical and other measures (security measures) to such persons in
order to correct them and prevent their offending behavior during and after serving a sentence.
After the patient is released from punishment, especially with mental disabilities, treatment measures should be
continued and measures to control his behavior (that is, safety measures) should be implemented until his state of
health allows him to be recognized as not posing a danger to society. The feasibility of early release of a person from
punishment due to illness without fail is mandatory to apply safety measures in the form of his treatment. In this
case, the person after treatment should be subjected to corrective action (if the relevant terms have not expired under
Part 4 of Article 81 of the Criminal Code of the Russian Federation).
The idea is substantiated that in Russia a five-stage system for assessing the state of health of a person guilty of a
crime is used. First, his state of health is assessed at the time the crime was committed, then - upon sentencing (or
other criminal law measure), during its execution, upon release from it, and subsequently - by resuming the execution
of the sentence (for example, in the event of a person recovering from his release due to illness). Moreover, each stage
ends with an assessment of the state of health of the person, which usually does not play a significant role for the next
stage. It seems necessary to pass through the health status of the person who committed the crime,
In the second paragraph, "The application of security measures in relation to convicts with diseases, as the basis for
suspension of the execution of sentences" , taking into account the comprehensive system of security measures used
in many countries (aimed at preventing the commission of offenses, including during the serving of sentence and
after release) in relation to persons with mental and other diseases, a system of corrective and preventive measures is
formulated.
Security measures in relation to sick convicts, especially with mental disorders (which can partially be applied on the
basis of modern SMMH), should be interconnected with the type of punishment, remedies and applied in a cross-
cutting manner at all stages of the system for assessing the state of a person’s health. In each case, depending on the
state of health of a person, certain security measures are applied (a ban on driving a car or other means of transport,
using weapons, technical and other security and protection equipment, computer and other equipment; an obligation
to undergo a course of treatment for a disease, etc.) .
The author substantiates the need for legislative consolidation of the institution of suspension of the execution of
sentences (taking into account foreign experience) in relation to sick convicts if it is impossible to serve their
sentences for health reasons (which is currently fixed in the form of institutions provided for in Article 81 of the
Criminal Code of the Russian Federation, Articles 26 and 42 PEC RF).
In case of release from places of deprivation of liberty of a sick convict by a court, security measures must be
determined. For persons with mental disorders, the use of security measures is mandatory, and for those suffering
from other diseases - with their consent (this should be taken into account when assessing the degree of correction
and the feasibility of early release from serving a sentence). It seems necessary to continue serving the sentence when
evading the implementation of security measures or in case of recovery of a person with a mental disorder.
In conclusioncontains the main findings of the study, formulates theoretical, organizational, legal and other
measures proposed to increase the efficiency of the execution of criminal sentences in relation to sick prisoners.