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
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