Organizational and Legal Aspects of Ensuring Cooperation between Penal Institutions and Religious Organizations
Kuznetsova N. V., Makarova T. V. Organizational and legal aspects of ensuring cooperation between penal institutions and religious organizations. Penitentiary Science, 2022, vol. 16, no. 3 (59), pp. 285–292. doi: 10.46741/2686-9764.2022.59.3.006
Introduction: the article analyzes domestic normative legal acts regulating interaction between the penal system and religious organizations in terms of realizing the right to freedom of conscience and religion and organizing spiritual and moral education of convicts and persons in custody. The constitutional right to freedom of conscience and freedom of religion is guaranteed to everyone and should also be ensured in the event of a person’s conviction or detention. To date, there is a certain regulatory framework. The reform of the Russian penal system is to a certain extent aimed at strengthening and expanding cooperation with religious organizations, requiring adjustment of the existing system of normative legal acts. Purpose: to characterize the system of existing domestic regulatory legal acts regulating and protecting this area, identify the shortcomings of legal regulation hindering full-fledged cooperation of the Federal Penitentiary Service of Russia with religious associations, and suggest ways to solve problematic issues. Methods: dialectical method of scientific cognition, methods of logical analysis and synthesis, comparative-legal, system-structural, statistical, formallegal. Results: the authors have substantiated the necessity to use capacities of religious organizations belonging to various faiths when implementing educational work with persons in isolation as part of the correction process. The problems of legal regulation of the considered public relations are revealed. Conclusions: in order to ensure full cooperation between the penitentiary system and religious organizations in terms of realizing the right to freedom of conscience and religion, it is necessary to improve the regulatory framework, taking into account religious canons and the specifics of activities of penitentiary institutions.
Keywords: Penal system; correctional institution; religious organization; cooperation; convicts; persons in custody; legal regulation; punishment; correction; spiritual and moral education
2. Korobova E.G. Agreement on cooperation of state executive bodies and the russian orthodox church as a form of administrative contracts. Region: sistemy, ekonomika, upravlenie=Region: Systems, Economics, Management, 2018, no. 4(43), pp. 213–218. (In Russ.).
3. Brief description of the penal system of the Russian Federation. Federal’naya sluzhba ispolneniya nakazanii: ofitsial’nyi sait [Statistical data of the Federal Penitentiary Service of Russia: official website]. Available at: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/ (In Russ.). (Accessed June 30, 2022).
4. Markelova O.N. Peculiarities of appointment of an assistant chief of a territorial body of the FPS of Russia on work with the faithful. Ugolovno-ispolnitel’noe pravo=Penal Law, 2016, no. 1 (23), pp. 61–64. (In Russ.).
5. Machkasov A.I., Parshkov A.V. The interaction between territorial bodies of FPS of Russia and religious organizations: experience, problems, perspectives. Mezhdunarodnyi
penitentsiarnyi zhurnal=International Penitentiary Journal, 2015, no. 2, pp. 39–42. (In Russ.).
6. Mel’nikova N.A., Matveev D.O. Some aspects of the legal regulation of religious organizations and their activity in prisons. Ugolovno-ispolnitel’noe parvo=Penal Law, 2014, no. 1 (17), pp. 20–23. (In Russ.).
7. Mishustin S.P. Features of the work of clerics with the inmates of confinement. Vestnik Samarskogo yuridicheskogo instituta=Bulletin of the Samara Law Institute, 2014, no. 1 (12), pp. 38–42. (In Russ.).
8. Morozov A.S. Legal regulation of the religious relations in the penitentiary sphere. Vestnik Samarskogo yuridicheskogo instituta=Bulletin of the Samara Law Institute, 2015, no. 3 (17), pp. 63–68. (In Russ.).
9. Fundamentals of social concept of the Russian Orthodox church. Russkaya Pravoslavnaya Tserkov’: ofitsial’nyi sait Moskovskogo patriarkhata [Russian Orthodox Church: website of the Moscow Patriarchate]. Available at: http://www.patriarchia.ru/db/text/419128.html (In Russ.). (Accessed June 30, 2022).
10. Polishchuk N.I. Administrative-legal principles of activity of the Russian Orthodox Church in penitentiary institutions of Russia. Chelovek: prestuplenie i nakazanie=Man:
Crime and Punishment, 2013, no. 3, pp. 125–130. (In Russ.).
11. Trofimova N.N. Historical experience of interaction of penal correction system of Russia with the Orthodox Church and other religious associations in the sphere of work with convicts. Vedomosti ugolovno-ispolnitel’noi sistemy=Vedomosti of the Penitentiary System, 2019, no. 3 (202), pp. 48–55. (In Russ.).
12. The Territorial Body of the Federal Penitentiary Service of Russia in the Vologda Oblast has concluded an agreement on cooperation with the Vologda Diocese of the Russian
Orthodox Church. Federal’naya sluzhba ispolneniya nakazanii: ofitsial’nyi sait [Statistical data of the Federal Penitentiary Service of Russia: official website]. Available at: https://fsin.gov.ru/news/index.php?ELEMENT_ID=416618 (In Russ.). (Accessed June 30, 2022).
13. Fomin V.V. Religion and its influence on persons sentenced to deprivation of liberty. Prikladnaya yuridicheskaya psikhologiya=Applied Legal Psychology, 2019, no. 2 (47), pp. 101–107. (In Russ.). doi: 10.33463/2072-8336.2019.2(47).101-107.
14. Shaidulina N.D., Simonova M.A. Features of the realization of freedom of religion in places of deprivation of liberty. Molodoi uchenyi=Young Scientist, 2017, no 3 (137), pp. 471–473. (In Russ.).