2.2 The family of the convict as a way of rehabilitation of the convict
One of the most important areas 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 considering the option of using family potential in the process of executing punishment without deprivation of liberty in the case of parole convict. 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 artistic, journalistic, scientific literature devoted to the description of the phenomenology of the thieves' world, the thesis about the antagonism of the classical thieves' laws and family relations, has become one of the main ones. It is not for nothing that the mere fact of the marriage of one of the members of the criminal (thieves) community, in the recent past of our country, directly spoke of this person’s exit from the thieves’ hierarchy (of the desire to “tie up”). And only with the spread of market relations, with the advent of the opportunity to enrich themselves without automatically entering into conflict with the law, and, consequently, with the change in the nature of the underworld (with the emergence of the shadow economy and the organized crime associated with it), it became possible to successfully combine family life and illegal nature entrepreneurial activity. Occupying at the same time, quite a significant position in the hierarchy of the underworld.
It is obvious that the antagonism mentioned above 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, its constituent elements is disclosed quite fully (described are the demographic, socio-psychological, and other functions). 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 well-being, social protection and advancement for 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: economic (minimum welfare), social (protection and promotion), and psychological and pedagogical (childbirth and emotional intimacy). The counter-culture of antagonistic orientation, which is the thieves' world or asocial sense, (tramp societies) have the opportunity to provide their members with people who live outside of society for various reasons, at least welfare, protection, and satisfaction of psycho-emotional and sexual needs. Thus, the only thing that a person in such communities will not be able to get is to fulfill his parental needs (to be the parent and educator of his own child). In other words, they lack the possibility of accumulating and transmitting the cultural heritage of all mankind in the form of a certain hierarchy of values. And this is natural, since for people who do not see value in this heritage, there is no need for its assimilation and transmission. Not without reason among the topics of communication of members of anti/asocial communities there are no topics related to family and children. The variant of mafia crime is a variant of the family in its own understanding, but leading an illegal lifestyle.
Like any other institutionalized group, the family is held together in a power-submission relationship. However, the core values that determine the prestige of the role of a particular person in the family are the personal attachment 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 to be fundamental in it. The experience of working with convicts in the colony confirms the statistics that the absence of a father in the family (in the Judeo-Christian version of the role as the owner, the supreme manager), even with his nominal presence, entails deviations in the "mother-child" system with excessive burden on the personality of the child. The results of work with different age groups of convicts show that the early formation of deviations in behavior: running away from home at the age of 9-11, leaving school early, using intoxicating substances, as a rule, are combined with the pronounced conflict nature of the convict's family.
Long-term residence, according to Yu.A. Gasparyan, out of wedlock, problems with arranging his own family with constructive adaptation at work (frequent job changes, lack of professional growth appropriate for age and mental development), with a relatively late onset of illegal activities (after 30 years) are steadily combined with the lack of an 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 (and maybe psychologically it is not a paradox, but a pattern) is that in the course of serving their sentence, young convicts from financially disadvantaged families more often show signs of responsibility for the crime committed.
The problem, according to Yu.A. Gasparyan associated 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 sentences shows that an appeal to liability to close relatives in the event of a violation (when placed in a punishment cell, a convict, according to the law, is deprived of the right to correspondence, visits and telephone conversations) often do not work. The convict is more inclined to sacrifice the peace of his loved ones than to abandon the attitude that increases his self-esteem.
The objective "background" of social work with the convict's family is both material and domestic, emotional and psychological, pedagogical features 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 consider what happened as an emergency.
The emotional and moral assessment of a misconduct depends on factors such as one's own emotional and personal maturity, as well as some national, social and clan characteristics. The latter circumstance is especially important in connection with the fact that people arrive in various regions of central Russia in search of work. a large number of people from the territories of national outskirts and the motivation of behavior causes a complex symbiosis of national ideas in a foreign national environment. National peculiarities must be taken into account due to the fact that persons convicted of criminal offenses on the territory of the Chechen Republic began to arrive in the penitentiaries of central Russia. Through the prism of the moral assessment of the misconduct, 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 their sentence along with the convict. Only punishment for family members consists of the need to have some kind of relationship with the correctional institution (come on dates, to meet with employees on certain days).
One should 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 the penitentiary. It consists of two directions: work with the convict and with relatives and aims to establish socially positive factors that have remained between the convict and his relatives, using them in the future in correctional work. (Moreover, it is corrective both in relation to the convict 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, the peculiarity of social work with the family of the convict is that its purpose is to correct existing conflict relations (no matter on what basis they exist: psycho-emotional, socio-economic, national), and the existing positive connections are the support in the work. The practical workers of correctional colonies have long accepted as an axiom in their work the thesis that it is not the behavior of the convict or his relatives that needs to be corrected, but the relationship between them. Moreover, these connections represent a system of relations, some of which have been violated. (Which was one of the parties to 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 detention).
Information about the artwork «Features modern technologies social work with convicts in a general regime correctional colony"
INTRODUCTION.g.
CHAPTER I. MARRIAGE AND TERMINATION
§ I. Conditions and procedure for registering marriage with those sentenced to deprivation of liberty.
§ 2. Dissolution of marriage with those sentenced to imprisonment in the registry office and in court.
§ 3. Recognition of marriage with convicts invalid.
Chapter P. PERSONAL AND PROPERTY RELATIONS WITH THE PARTICIPATION OF THE CONVINCED SPOUSE.
§ I. Personal legal relations between spouses.
§ 2. The right of common 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 maintain a spouse.
INTRODUCTION OF THE DISSERT
on the topic "Legal regulation of marital relations with the participation of persons sentenced to imprisonment"
Relevance of the research topic. Marriage and the family are among such phenomena, the interest in which has not weakened since their inception to the present day, which is explained by their significance and versatility in people's lives. It is difficult to find a direction of social policy that would not affect the family in one way or another. economic to spiritual. Family is one of them"
Marriage and family are the object of study of various sciences: philosophy, sociology, law, medicine, psychology. Taking into account their orientation and specificity, various aspects, 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 determines the wide possibility of legal influence on them. This explains the breadth and diversity of the problems of research in the legal sciences.
The role of marital relations in the formation and functioning! family is very important. "The fact that the family includes at least one married couple, which serves as the "core" of the family group, cannot be in doubt. 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 quite comprehensively covered in the legal literature. However, despite the extensive range of works devoted to marital relations, many issues, as well as individual problems, are little studied and require further development. Among them is the question of the characteristics legal regulation marital relations of persons sentenced to deprivation of liberty. It was the subject of scientific analysis and was studied in the works of Rozantseva D.N., Belyaev A.A., Deryuga N.N. At the same time, it seems that the scale of the performed studies does not correspond to the significance of the problem. Some important aspects remain almost unexplored, individual issues raised by the authors are debatable.
As for the legal framework, there is only 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 of May 4, 1977, which concerns the formal moments of marriage registration: the procedure for filling out and content of an application for marriage registration, determining the place of registration. For the rest, general family law rules apply to marital relations with the participation of convicts. However, in their application, certain difficulties arise due to the isolation of one of the spouses, which
1 Kharchev A.G. Marriage and family in the USSR. M., 1976. S. 36. It is necessary to make separate additions to the current legislation in order to ensure its uniform application.
The noted circumstances determined the choice of the topic and the general directions of the dissertation research.
The object of the study is the marital relations of persons sentenced to imprisonment.
The subject of the study is the legal regulation of marital relations with the participation of persons sentenced to imprisonment.
The purpose of the study is a theoretical analysis of the current legislation governing marital relations with the participation of a prisoner sentenced to imprisonment and the practice of its application, as well as the development of recommendations for its improvement on this basis.
The objectives of the research are to:
To highlight the conditions and procedure for registering marriage with those sentenced to deprivation of liberty;
To give an analysis of the grounds for invalidating a marriage and its dissolution with those sentenced to imprisonment;
To study personal and property relations with the participation of the convicted spouse;
Form specific proposals for improving marriage and family and corrective labor legislation;
Use the 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 correctional labor system.
The methodological basis of the study was the method of materialistic dialectics, as a general scientific method of cognition and some particular scientific methods: a comparative study - in the study of the family legislation of the RSFSR, other sovereign republics and some foreign countries; historical - in the analysis of the marital and family legal capacity of those sentenced to deprivation of liberty; 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 need to be solved.
Special sources of research were the works of such famous legal scholars as: Belyaev A.A., Belyakova A.M., Bykov A.G., Webers Ya.R., Vorozheykin E.M., Vylkov A.G., Dobrovols-A cue 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 A.M., Nikitina V.P., Palastina S.Ya. Parchment A.I., Posse E.A., Pushkin A.A., Rozantseva D.N., Ryasentsev V.A., Sverdlov G.M., Sverdlyk G.A., Starkov V.I., Sukhanov E.A. Kharchev A.G., Khokhryakov G.F., Chikvashvili Sh.D., Shakhmatov V.P. and etc.
In the process of working on the chosen topic, both previously existing and current general and departmental legal acts regulating marriage were analyzed. family relationships 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 institutions of the Tyumen and Omsk regions.
The scientific novelty of the study lies in the fact that the author comprehensively, taking into account the close interaction of the norms of civil, marriage and family 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 changing and supplementing it in order to increase the effectiveness of the action.
The practical significance of the results of the study lies in the fact that the conclusions and proposals contained in the dissertation can be used by: practitioners of correctional labor institutions, rule-making and law enforcement. The dissertation research can serve as a certain source in the study by students and adjuncts of a special course: "Legal regulation of marital relations with the participation of persons sentenced to deprivation of liberty."
The provisions submitted for defense consist in the development and substantiation of conclusions about the need:
State recognition of church weddings in connection with their wide prevalence, including persons serving sentences of imprisonment;
Recognition of the marital capacity of persons in correctional labor institutions is the same as that of citizens who are at large. To achieve this, it is proposed: a) to allow marriage between persons serving sentences in places of deprivation of liberty; b) to register a marriage with a person under investigation, subject to general conditions, without the permission of the person in charge of the case, but with notification of him; c) to dissolve a marriage with a person sentenced to imprisonment for a term of more than 3 years, with his consent, i.e. according to the rules of Art. 38 KoBS RSFSR;
Apply the institution of reconciliation in the event of divorce with a person in places of deprivation of liberty;
Establishment of family law liability for guilty non-fulfillment of alimony obligations and for the deliberate conclusion of an invalid marriage;
Enshrining 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 the ITU.
Approbation of the work and implementation of the 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. Separate provisions of the study were reported by the author at: interuniversity scientific and practical conference of the Faculty of Law of Kemerovo state university(Kemerovo, 1989), a regional scientific and practical conference of the Tyumen State University (Tyumen, 1990), a scientific and practical conference of the TVSh of the Ministry of Internal Affairs of the Russian Federation (Tyumen, 1991 and 1993). Separate provisions of the dissertation are used in the educational process when teaching the family law course 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 with six paragraphs, and a conclusion, as well as a list of references.
DISSERT CONCLUSION
specialty" Civil law; business law; family law; international private law", Muratova, S. A., Moscow
CONCLUSION
The study allows us to draw the following main conclusions and suggestions.
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, so 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 common 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: firstly, registration of marriage in a general manner in the registry office; secondly, the wedding in the church and the simplified procedure for recording the act of registration on the basis of a church certificate. These methods of pre-registration behavior should also be extended to persons serving sentences in correctional facilities.
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 restriction of the marriage capacity of citizens.
4. In connection with the wide spread of marriages of convicts sentenced to deprivation of liberty by correspondence, we consider it expedient to send persons wishing to "marry a convict" an extract from the personal file of the convict. It should indicate under which article
The Criminal Code was convicted, the term of imprisonment, what is the criminal record, whether the person was recognized as a particularly dangerous recidivist, as characterized during the period of serving the sentence, as previously characterized in everyday life.
5. To ensure compliance with the principle of monogamy and the inadmissibility of marriages between close relatives on the part of convicts at the level of the Supreme Court of the Russian Federation, it is worth giving instructions that information characterizing legal status the suspect, the accused, were entered from the original registration documents, and not from the words of the convict.
6. In the interests of the birth of healthy offspring and the creation of a normal, full-fledged family, one should accept the practice of foreign countries to provide registry offices medical certificate about the absence of diseases that prevent marriage.
7. An 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 dissertation candidate, the family should be defined as a social and legal community of persons related by family functions, as well as by the rights and obligations provided for by the legislation on marriage and family.
Taking into account the general features 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 exercise of rights and obligations, due to the presence of one of the family members in the correctional facility."
8. In order to increase the role of the ITU administration in exercising their family-legal status by convicts, it seems necessary to determine the forms of such participation at the legislative level. We offer Part I, Art. 43 of the Penal Code of the RSFSR shall be amended as follows: "Political and educational work is being carried out with persons deprived of their liberty, aimed at educating them in the spirit of an honest attitude to work, strict observance of laws and respect for the rules of the hostel, respect for property, raising awareness and cultural level, on the development of a useful initiative of convicts and instilling a sense of responsibility towards the family.
9. In order to exclude the deprivation of the right of the convict to express his consent to a divorce, we propose, while maintaining the administrative procedure for the dissolution of marriage with persons sentenced to imprisonment for a term of at least three years, to divorce with the consent of both spouses, i.e. according to the rules of Art. 38 KoBS RSFSR.
Clarification of the issue of further preservation of marital relations, or their termination may be facilitated by a short meeting of the spouses. Possibility of making a date this reason should be reflected in Part 3 of Art. 26 ITK RSFSR.
10. As the generalization of judicial practice has shown, 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 RSFSR Code of Civil Procedure, such an exception does not follow. We believe that an attempt at reconciliation, as a way to preserve the family, should not be excluded in this case. The postponement of the proceedings for the reconciliation of the spouses, if at least one of them is in prison, should be one-time, since during the period of reconciliation the spouses do not live together and repeated postponement of the proceedings is unlikely to be justified and give a positive result. It seems that this it is advisable to reflect the proposal in the decision of the Plenum of the Supreme Court of the Russian Federation, as one of the means in the stabilization of the families of convicts.
11. In order to implement the principle of the inevitability of punishment for a committed offense, we propose to provide for a provision in the law that, resolving a case on a claim for recognizing a marriage as invalid, the court must find out whether any rights were acquired as a result of such a marriage by an unscrupulous party and terminate them for the future time. It is also necessary to establish adverse property consequences for the unscrupulous party by analogy with Art. 49 of the Civil Code of the RSFSR.
12. In order to prevent convicts from entering into invalid marriages on the basis of satisfaction of sexual needs, as well as to ensure their right to maintain socially useful ties, we propose to significantly increase the number of long visits of the convict with his spouse and other relatives. To allow visits by the convict with the "actual" spouse (at first, on an experimental basis in several colonies).
13. We propose to exclude the right to restrict the change in the general order of the last name, first name, patronymic by persons with a criminal record, as contrary to the successful adaptation of persons released from places of deprivation of liberty.
14. In connection with the socio-economic changes taking place in society, the right to conclude marriage contracts should be secured as a method of regulating property marital relations, including with the participation of a spouse sentenced to deprivation of liberty.
15. In order to protect the interests of the counterparty to the transaction and the spouse not participating in the transaction, we propose to limit the scope of the presumption of consent of the spouses on the disposal of joint property to the framework of small domestic and domestic transactions, this will be even more so than for citizens who are at large, contribute to the protection of the legal rights and interests of the spouse-owner sentenced to deprivation of liberty.
16. We consider it necessary to support the idea of establishing family legal liability for guilty failure to fulfill the maintenance 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 personal and property rights spouses.
BIBLIOGRAPHY OF THE THESIS
"Legal regulation of marital relations with the participation of persons sentenced to imprisonment"
1. Sources on methodology and research theory,
2. Lenin V.I. Complete collection of op. T. 49.
3. Marx K., Engels F. Op. 2nd ed. T. 21.
4. Official documentary materials.
5. Code of laws on acts of civil status, marriage, family and guardian law of the RSFSR. SU RSFSR. 1918. No. 76. Art. 8IB.
6. On the elimination of shortcomings in the practice of collecting court costs for civil affairs and court costs in criminal cases (as amended on March 21, 1968). On Sat. resolutions 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, names and patronymics by citizens of the USSR.
8. SP USSR. 1971. No. 15. Art. III.
9. About civil marriage, about children and about keeping books of ak ^ s of civil status. SU RSFSR. 1917. No. II. Art. 160.2.5. About divorce. SU RSFSR. 1917. No. 10. Art. 152.
10. Regulations on the sale of apartments to citizens for personal ownership and payment of the costs of their maintenance and repair. SP RSFSR. 1989. No. 13. Art. 72.
11. Legislative and departmental regulations.
13. Law Russian Federation on the introduction of amendments and additions to the Criminal Code of the RSFSR, the Code of Criminal Procedure of the RSFSR and the ITK of the RSFSR. Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation. 1992. No. 29. Art. 1687.
14. The law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" as amended on December 23, 1992 - Gazette of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR. 1993. I 2. Art. 67.
15. From the practice of the Supreme Court of the RSFSR on some issues that arose during the consideration of civil cases. Bulletin of the Supreme "Court of the RSFSR. 1976. No. 7.
16. Review of the judicial practice of the Supreme Court of the RSFSR on some issues arising in the consideration of civil cases in cassation and in the order of 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. Instruction of the Ministry of Justice of the USSR and the Ministry of Internal Affairs of the USSR dated May 4, 1977 No. K - 7 - 229 68.
18. Circular Jfc 37 of the NKJ and the NKVD of the Ukrainian SSR of October 4, 1921 On the right to marry convicts.
19. Decree No. 9 of the Plenum of the Supreme Court of the USSR of November 28, 1980 On the practice of applying legislation by courts when considering cases of divorce. Bulletin of the Supreme Court of the USSR. 1981. No. I.
Introduction
Marriage and the family are among such phenomena, the interest in which has not weakened since their inception to the present day, which is explained by their significance and versatility in people's lives. It is difficult to find a direction of social policy that, 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 core of the family group, cannot be in doubt. Families formed by groups of brothers, sisters 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 comprehensively covered in the legal literature. However, despite the extensive range of works devoted to marital relations, many issues, as well as individual problems, are little studied and require further development. Among them is the question of the peculiarities of the legal regulation of marital relations of persons sentenced to deprivation of liberty.
dissolution of marriage convicted incompetent
Family and marriage legal relations with convicts sentenced to deprivation of liberty
Family code The Russian Federation provides for two procedures for the dissolution of a marriage: judicial and administrative - in the registry office. However, the law does not provide spouses with the 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 special consideration of the circumstances that led to the divorce (the spouses do not have to explain anything to anyone), saves nerves, time and, accordingly, money.
Divorce by mutual consent of spouses who do not have common minor children, by virtue of paragraph 1 of Art. 19 of the Family Code of the Russian Federation is carried out in the registry office, regardless of the presence or absence of a dispute between the spouses on the division of property that 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 the absence of objections, evades the dissolution of the marriage, for example, refuses to file a joint application for divorce or a separate application in the case when he is not able to personally appear at the registry office to submit a joint application (Clause 2, Article 21 of the RF IC, Article 33 of the Federal Law of November 15, 1997 N 143-FZ "On acts of civil status") (Clause 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation of November 5, 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 mutual consent to the dissolution of the marriage and the absence of common children who have not reached the age of majority.
If one of the spouses has a minor child whose parent or adopter 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 divorce in the registry office. However, it should be borne in mind that children adopted by both spouses are equated to natural children in legal relations (Article 137 of the RF IC), therefore, if the spouses have a minor adopted child, they cannot dissolve the marriage in the registry office. An application form of the established form for divorce is available at the registry office. If one of the spouses does not have the opportunity to appear at the registry office to file 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 will of the spouses is drawn up separate petitions for divorce. The signature of the application of the absent spouse must be notarized in accordance with the procedure established by law (clause 3, article 33 of the Law on acts of civil status).
The following information must be included in the joint application for divorce:
last name, first 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 chosen by each of the spouses upon dissolution of marriage. A spouse who changed his surname upon entering into marriage to another one 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 marriage, he is assigned a premarital surname;
Details of documents proving the identity of the spouses.
Spouses wishing to dissolve the marriage sign a joint application and indicate the date of its preparation.
In order to provide a period for considering the decision made and to protect the interests of the spouse in case of bad faith actions of the other spouse, the dissolution of marriage and state registration of its dissolution are carried out in the presence of at least one of the spouses after a month from the day the spouses filed a joint application for divorce. The specified period begins on the 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 expiry day of the term shall be the next working day following it. The one-month period established by law for filing a divorce and issuing 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 file a divorce, then at their joint request, the deadline for state registration of divorce can be postponed to another time. During state registration of divorce, at least one of the spouses must be present (clause 4, article 33 of the Law on acts of civil status). Divorce through a representative is not allowed.
The state fee for state registration of divorce, including the issuance of certificates, with the mutual consent of spouses who do not have common minor children, is 200 rubles from each of the spouses (subparagraph 2, paragraph 1, 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 the compilation by the registry office of a record of an act of divorce and the issuance of a certificate of divorce to each of the persons who have dissolved the marriage (Articles 37-38 of the Civil Status Act). In passports or other documents proving the identity of those who divorced, a mark is made on the dissolution of the marriage. If the state registration of the dissolution of marriage was carried out in the absence of one of the spouses, then the mark of the dissolution of the 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 that have arisen between spouses in connection with the dissolution of marriage. Therefore, Art. 20 of the Family Code of the Russian Federation, it is determined that, regardless of the dissolution of a marriage in the registry office, disputes arising between spouses on the division of common property, on the payment of funds for the maintenance of a needy disabled spouse, are resolved by the court. The presence of property disputes 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 (former spouses) or the guardian of the incapacitated spouse (former spouse) in the course of action proceedings. The division of property and the resolution of other disputes between spouses, therefore, can be made both during the period of marriage and after its dissolution. However, it should be remembered that according to paragraph 7 of Art. 38 of the Family Code of the Russian Federation, the requirements of spouses whose marriage is dissolved, on the division of common property, are subject to a three-year period limitation period. With the requirement for the recovery of alimony for the maintenance of the spouse (former spouse) to the court in accordance with Art. 107 of the RF IC, you can apply at any time, regardless of the period that has elapsed since the right to alimony arose, if the spouses (former spouses) have not reached an agreement on this issue.
The provisions of Art. 20 of the Family Code of the Russian Federation 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 issue of divorce due to existing disputes was forced to decide in court.
Considering the activities of the registry offices from a legal point of view, we can say that the registry offices provide legal services. The essence of legal (precisely legal) services lies in the fact that the registry offices, when registering acts of civil status, are 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 civil registry office officials 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 acts of civil status. Any, even the most insignificant, deviation from the law can lead to negative consequences (if not at the time of registration, then later), cause significant damage to state and public interests, rights and legally protected interests of citizens.
If the court issued a decision on the dissolution of the marriage, but none of the spouses registered the dissolution of the marriage with the registry office, no matter how much time has passed since the court decision on the dissolution of the marriage was made, it is considered that the spouses are in a registered undissolved marriage with all the ensuing legal consequences. Therefore, the registration of divorce by the registry office is important.
Declared missing by the court. In accordance with Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence.
In this case, if it is impossible to establish the day of receipt of the latest information about the missing person, the beginning of the calculation of the period for recognizing the missing person is considered 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 - January 1 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 to recognize a citizen as missing.
The court considers this application within one year from the date of filing the application. The court may decide to recognize a citizen as missing only when it was not possible to establish the place of his stay. When positive result you should apply with this court decision to the registry office and dissolve the marriage with the missing spouse.
A citizen recognized by the court as missing may at any time apply to the court with an application to cancel the above decision.
In the event of the appearance of a spouse declared dead by the court or recognized as missing by the court, and the relevant court decisions are canceled, the marriage may be restored by the registry office upon a joint application of the spouses. However, the marriage cannot be restored if the other spouse has remarried.
Restoration of marriage by the registry office has retroactive effect. 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 marriage. A citizen whose spouse is absent may also dissolve the marriage in court.
Considering that, by virtue of paragraph 2 of Art. 19 of the RF IC, divorce with persons recognized as missing, regardless of whether the spouses have common minor children, is carried out in the registry office, when such a claim is filed with 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 apply to the court with an application for recognizing the other spouse as missing, the judge does not have the right to refuse to accept the statement of claim for divorce, but must consider the claim on a general basis (paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 05.11.1998 N fifteen).
Declared incompetent by the court.
A citizen can only be recognized as incompetent 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 incompetent 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 statutory procedure for dissolution of marriage in the registry office with persons recognized by the court as incapable due to a mental disorder does not apply to cases of dissolution of marriage with persons limited by the court in their legal capacity due to alcohol abuse or drugs. In these cases, the dissolution of marriage on the basis of claims brought against the said persons, as well as on the claims of these persons, shall be carried out in accordance with the general procedure.
Convicted for committing a crime to imprisonment for a term of more than three years. When dissolving a marriage in the registry office at the request of one of the spouses in the above cases, the consent of the incapacitated spouse or a spouse sentenced to imprisonment for more than three years is not required. An incapacitated spouse cannot express his will to dissolve the marriage due to his incapacity, the law does not attach legal significance to the consent of a spouse sentenced to imprisonment for a term of more than three years, and the marriage is dissolved in his absence. The presence of spouses in common underage 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) against the other spouse that has entered into legal force, if he is recognized by the court as missing, recognized by the court as incompetent, or sentenced for committing a crime to imprisonment for a period of over three years.
The application for divorce must contain the following information:
last name, first 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 dissolution of marriage (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 incompetent, or sentenced for committing a crime to imprisonment for a term of more than three years);
last name, first name, patronymic, date and place of birth, citizenship, last known place of residence of the other spouse;
Details of the record of the act of marriage;
the surname chosen by the spouse wishing to dissolve the marriage.
(A spouse who changed his surname upon marriage to another one has the right to keep this surname even after the dissolution of the marriage, or, at his request, he is assigned a premarital surname during the state registration of the dissolution of marriage);
Details of the identity document of the spouse wishing to dissolve the marriage;
· the place of residence of the guardian of the incapacitated spouse or the administrator of the property of the missing spouse, or the location of the institution executing the sentence in which the convicted spouse is serving the sentence.
The spouse wishing 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 to recognize the other spouse as missing or incompetent, or a court sentence to condemn the other spouse to imprisonment for more than three years;
A document proving the identity 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 accepted the application for divorce notifies, within three days, the spouse serving the 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 guardianship authority of the application received and the date set for state registration of divorce .
If the marriage is dissolved 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 report before the date set for state registration of the dissolution of the marriage, the surname that he chooses upon dissolution of the marriage.
The state fee 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, incompetent or convicted of a crime to imprisonment for a term of more than three years, is 100 rubles (signature 2, clause 1, 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 governments municipalities, in the territories of which there are no registry offices, may be endowed by the law of the subject of the Russian Federation with the authority to state registration of acts of civil status, including local governments rural settlements- for state registration of divorce.
The following information is entered in the record of the act of dissolution of marriage:
surname (before and after the dissolution of the marriage), first 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 have dissolved the marriage;
the date of compilation, the number of the record of the act of marriage and the name of the registry office in which the state registration of the marriage was carried out;
the date of termination of the marriage;
Details of documents proving the identity of the divorced;
series and number of the certificate of divorce.
The date of termination of the marriage in the record of the act of divorce is indicated in accordance with the Family Code of the Russian Federation (Article 25, paragraph 3 of Article 169 of the RF IC).
A marriage dissolved in the registry office shall be terminated from the date of state registration of the dissolution of marriage in the register of acts of civil status. The grounds for state registration of divorce in the registry office are: a joint application of the spouses; application of one of the spouses, if the other spouse is recognized by the court as incompetent, missing or sentenced to imprisonment for a term of more than three years.
The divorce certificate contains the following information:
last name (before and after the dissolution of the marriage), first name, patronymic, date and place of birth, citizenship, nationality (if indicated in the record of the divorce act) of each of the persons who have dissolved the marriage;
information about the document that is the basis for state registration of divorce;
the date of termination of the 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 that carried out state registration of divorce);
surname, name, patronymic of the person to whom a certificate of divorce is issued;
date of issue of the certificate of divorce.
A certificate of divorce is issued by the registry office to each of the persons who have dissolved the marriage.
After the state registration of the dissolution of marriage and the issuance of relevant certificates in passports or other documents proving the identity of the spouses, a mark is made on the dissolution of the marriage. Moreover, if the state registration of the dissolution of marriage is carried out in the absence of one of the spouses, then the mark of the dissolution of the 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 common property of spouses, 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 sentenced for committing a crime to imprisonment for a term of more than three years, are considered in judicial procedure, regardless of the dissolution of marriage 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 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 declared missing by the court,
if the other spouse is declared legally incompetent by the court,
if the other spouse is sentenced for committing a crime to imprisonment for more than three years.
When dissolving a marriage in the registry office at the request of one of the spouses in the above cases, the consent of the incapacitated spouse or a spouse sentenced to imprisonment for more than three years is not required. An incapacitated spouse cannot express his will to dissolve the marriage due to his incapacity, the law does not attach legal significance to the consent of a spouse sentenced to imprisonment for a term of more than three years, and the marriage is dissolved in his absence. The presence of spouses in common underage 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 incompetent, or sentenced for committing a crime to imprisonment for a term exceeding three years.
A marriage dissolved in the registry office shall be terminated from the date of state registration of the dissolution of marriage in the register of acts of civil status.
List of used literature
1. Family Code of the Russian Federation: federal law of the Russian Federation of 29 December. 1995 No. 223-FZ (as amended on June 30, 2008 No. 106-FZ) // Collection of Legislation of the Russian Federation. - 2008. - No. 27. - Art. 3124.
2. Vishnyakova A. V. Family and inheritance law: textbook / A. V. Vishnyakova, responsible. ed. V. M. Khinchuk. - M.: CONTRACT; Wolters Kluver, 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 study guide / Yu. A. Yezhov. - M. : Dashkov i K", 2000. - 35 p.
5. Eremichev I. A. Family law: an album of schemes: a study guide / I. A. Eremichev, E. L. Strauning. - M. : INFRA-M, 2002. - 222 p.
6. Muratova S. A. Family law: a textbook for universities / S. A. Muratova. - M. : Eksmo, 2004. - 448 p.
7. Nechaeva A. M. Family law: a course of lectures / A. M. Nechaeva. - M.: Jurist, 2000. - 332 p.
8. Family law: a textbook for universities / ed. P. V. Krasheninnikov. - M.: Statute, 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.
myh in the survey. Most of all, people of the older generation are afraid of this - a third of respondents over 50 years old. This is probably due to the contrast of the benevolent picture of the unity of the Soviet people with the frequent disturbing news of conflict clashes at the present time.
Approximately half of the population of the Saratov region believes that life is difficult, but can be tolerated, and 35% of the population assess their living conditions as unbearable. Only 18% said that everything is fine with them and their living conditions suit them. Such a disappointing situation brings to naught all the 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, or propaganda. Spectacles are effective only in the presence of bread.
FAMILY STRATEGIES IN THE STRUCTURE OF PRISONERS' RE-SOCIALIZATION
A. G. Finaeva
Saratov State Technical University E-mail: [email protected]
The article discusses 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 resocialization of prisoners is shown.
Keywords 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 a 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 last years In Russia, there is an increase in the number of prisoners. According to statistics, the number of persons held in places of deprivation of liberty from 2004 to 2008 increased from 763.7 thousand to 887.8 thousand people1. This cannot but affect society as a whole, since up to 300,000 people are released from correctional institutions each year, facing the problem of social adaptation. Among the factors that positively influence successful resocialization, one can single out the family.
What Russia needs now is not so much a “strong hand,” hopes for which have not come true, but a strong and virtuous political will.
The rather high level of optimism testifies to the hope that such a will will come to the social space of Russia. About 40% of respondents have been confident for five years that a solution to their problems is possible in the future, about a third find it difficult to answer, that is, they can conditionally be classified as optimists, and, accordingly, a third of the population does not believe in a sufficiently acceptable implementation of their life scenario.
Notes
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 the conditions of life in freedom2. According to A. M. Shevchenko, “the family is the most effective social group influencing the process of rehabilitation”3. Contacts with the family are an important part of the recovery of the prisoner in society, so the study of the nature and direction of the influence of the family on the resocialization of former prisoners is especially important.
To study family strategies in the structure of resocialization of prisoners, 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 features of the reachability of the object of study, 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, district departments of internal affairs of the city of Saratov and the region, members of the families of prisoners and the prisoners themselves. The interviews had different duration (20-60 min) 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 considered as one of the most important examples of socially useful ties that need to be preserved, strengthened or re-established. One expert argues that, according to his analysis of recidivism, a significant proportion of reoffenders are in the familyless category.
“The analysis of repeated crimes shows that most often they are committed by those who: a) do not have a family or have negative family ties and b) do not have a job and housing. A significant part of convicts who have committed a repeated crime is the category of those who do not have a family. This is 85.71%” (Officer of the Criminal Executive Inspectorate, January 2010).
The following forms of interaction between families and persons serving sentences in correctional facility(PS), the nature of which, as a rule, remains after the release of the prisoner: 1) families that maintain continuous ties (ready to integrate into their structure after release); 2) families that maintain occasional relationships; 3) families that do not maintain ties with the prisoner.
According to experts, in some cases, strong ties with the family and family support do not lead to the proper result, which, in our opinion, is explained by the personal characteristics of the prisoner himself, who does not intend to change his negative direction. “The low moral qualities of a person: he can have everything, however, if he does not have these traits, if the person himself does not want to change, then no matter how favorable the conditions are, there will be no positive effect” (inspector of the district department of internal affairs, December
The lifestyle of the family has a significant impact on the resocialization 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 a penitentiary.
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 resocialization of the former prisoner
is largely determined by the acceptance or rejection of his family members: parents, wife, children. Distrust, fear and hostility of relatives can become a factor in the final refusal of a person released from social adaptation. Often, a family may reject their loved ones who have served their sentences in a correctional facility. Lack of support from the family is the factor that prevents successful resocialization, return to society. In the course of the study, the reasons for the refusal of families to support their relatives in a 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, transfers and parcels, trips of convicts outside correctional facilities) and their frequency. The number of visits provided to prisoners, as well as parcels and packages (from an unlimited number, subject to serving a sentence in a colony-settlement, to a strictly limited number in colonies with a strict regime and prisons) depends on the regime of execution of punishment and is provided for by the Criminal Executive Code of the Russian Federation5.
Families that maintain continuous contact with the prisoner provide him with moral and material support. The level of actual communication of convicts with 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 deprivation of liberty from the place of residence of their relatives.
“Because of the remote place of serving my husband's 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 package of food” (prisoner's wife, January 2010). It is necessary to spend a lot of money to collect the transfer. In addition, this raises not only the problem of the cost of a ticket to the place of serving a sentence, but also the transportation of the transfer. It is not always possible to get to the correctional facility by public transport, transfers are possible, therefore, additional costs of money, effort and time are required.
The positive attitude of family members towards the prisoner depends on the family microclimate before he enters the correctional facility, on the severity of the crime, on the family's belief that a person can improve if the relatives initially justify the crime and believe that the person did not commit it or committed it. -
sewed by negligence. Assistance to a prisoner by his relatives is based on moral and moral regulators of behavior, moral duty, which go back to Christian morality based on the Commandments of Christ. Thus, from the interpretation of the fifth Commandment of the Law of God, “Honor thy father and thy mother, that thy days may be long on the land which the Lord thy God gives thee,” it follows that it is unacceptable to leave parents without help in misfortune, sickness, 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 confused. And then they found out that he was driven to this crime.<...>This is our father, we were with him to 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 their release: these are those convicted of economic illegal actions that 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 well done. Here, of course, no one has ever been rejected. I can say so. And help for the zone, that is, constant parcels, 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 visits, letters, collection of parcels and parcels. During the period of post-prison adaptation, family members of a former prisoner have to cope with the consequences of imprisonment, as a person who has left prison faces a lot of difficulties: lack of livelihood, documents, problems with finding a job, poor physical health, various psychological problems.
Considering negative form interaction of families with imprisoned relatives, in our opinion, it is very important to identify the reasons why relatives do not maintain contact with those serving sentences. Some of these reasons can be identified.
The severity of the crime and the attitude of family members to it.
“Economic and criminal crimes (theft, robbery, murder, rape) are heaven and earth. Economic crimes - well, you managed to steal and well done. Here, of course, no one has ever been turned down” (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 minor crimes.
grave, moderate, grave and especially grave - depending on the degree of public danger, the form of guilt (intentional and negligent) and the amount of punishment provided for the commission of a crime (Article І5)7.
The attitude of family members to crime as such naturally cannot be positive. When evaluating the convict's relatives, the form of guilt (deliberately committed or through negligence), the circumstances under which the crime was committed are of great importance. Economic crimes, as mentioned above, are not accepted by family members as negatively as crimes against human life and health and sexual integrity. The assessment of such a crime as theft may depend on who the property was stolen from, what exactly was stolen, what motivation the convict had at the same time.
The length of the term of imprisonment, the frequency of getting into the penitentiary
“There are many cases when the husband is in prison, and the wife files for divorce, gets 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 to leave the prison and she has the opportunity to start a new family. The negative behavior of the convict before committing the crime, conflict relationships in the family are even more pushing for this.
Conflicts in the family due to unacceptable behavior before and after serving the sentence.
Conflict relationships in such families arise mainly due to the fact that the released person does not want to change his negative orientation, abuses alcohol or drugs, does not want to get a job, and demonstrates aggressive behavior towards his loved ones.
“All his life he mocked my child, me in front of my eyes (relative of a prisoner, June 2010).
“Families who do not accept; the defendants got them. Many of them have already been imprisoned several times, they are on the needle, that is, drug addicts, they do not want to work. Conflict in the family” (inspector of the district department of internal affairs, June 2010).
“Because they have lived so long that relatives say it would be better if they did not come here.<...>There is only one reason: they got it with their behavior. They are afraid to live with them. From whom they drink, they beat their own, steal (gold, for example)” (district inspector, April 2011).
“This is when relatives do not want and do not want to communicate with him. When a mother says, "I don't have a son anymore, or I don't have a daughter anymore." In my practice there were such cases. When the daughter abandoned her son, the mother
Sociology
News of the Saratov University. 2012. Vol. 12. Ser. Sociology. Political Science, vol. 3
I needed to take my 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 wild life.” The mother does not want to accept her daughter in any way” (inspector of the Federal Penitentiary Service, March 2011).
“He has been going from prison to prison all his life. He establishes his own prison rules here” (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, and traditions8. The way of life in a correctional institution differs sharply from that in freedom: a closed space, strict discipline and daily routine, 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 adaptation to the conditions of life in places of deprivation of liberty is very complex and negatively affects the personality of the prisoner. Having been released from the penitentiary, the former prisoner brings elements of the prison subculture into the family with which they are incompatible.
There are families who come to terms with such behavior of a former prisoner due to the impossibility of living separately or believing that they should help their relative. Such help and the impossibility of refusal may 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 try to control each other. The study of codependency has its roots in the study of alcoholism. Since, along with the conflict behavior of the former prisoner, the problem of alcoholism and drug addiction is very often present, the behavior of the relatives of the former prisoner can be assessed as codependent. The family cannot refuse to take care of a family member, since the optics of the lives of these people is shifted to him, there is a semantic embeddedness of attitudes towards this person in the daily practices of the family. The asocial lifestyle of the former prisoner determines the life strategies of his relatives. Caring for him becomes a meaningful element in the lives of these people.
“We can’t leave him, a father is a father. We cook, we do laundry, we clean, we bring him water” (daughter of an ex-prisoner, January
“How is it to live with such a person?” (niece of former prisoner, June 2010).
I .: Your mother does not want to live with him anymore?
R: It's not that she doesn't want to, she can't get rid of him (relative of a former prisoner, June 2010).
Most 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 due to their antisocial orientation, rampant lifestyle, and alcohol abuse.
“I divorced my wife before I got to the colony. Mother died” (former prisoner, 59 years old).
I: Do you have children?
Q: Do you keep in touch with them?
I .: If it's not a secret, what is the reason for the loss of communication?
R: The connection is lost, because when I came here to work, I contacted a woman. The wife found out.
I.: And since then you do not communicate with your family?
R: I didn't go there (ex-prisoner, 66).
There is a category of people, and not only the elderly, but also middle-aged, who have never created their own family, 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.
I: Did you have a family? Wife? Children?
R .: Children, maybe where they are. And the 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 the attitude towards women, as a rule, is negative, consumerist10.
As a result of empirical research, the foundations of family strategies in relation to prisoners were identified - a strategy of stable communication and a strategy of distancing. The role of these strategies in the structure of resocialization of prisoners is shown. It turned out that the establishment of stable ties can be based on the mechanism of co-dependence, which consists in the fact that caring for a person is integrated into the daily practices of one or more 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 a stable communication strategy 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); psychologists-
physical (separation, perception of the family from 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 the 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, when creating social and correctional programs for working with the prisoner's family.
Notes
1 See: Russian Statistical Yearbook. 2009: stat. Sat. / Rosstat. 2009.
UDC 316. 74:2
2 See: Temaev T.V. The meaning of the family in the life of an elderly convict // Clinical gerontology. 2008. V. 14, No. 9. S. 111.
3 Shevchenko A. M. Social rehabilitation of former prisoners: author. dis. ... cand. sociological Sciences. Rostov n / D., 1997. S. 8.
4 See: E. M. Kovalev, I. E. Shteinberg. Qualitative methods in field sociological research. M., 1999.
5 See: Penal Code of the Russian Federation (PEC RF) dated 08 January 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^r (date of access: 09/11/2011).
7 See: 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, effective from August 7, 2011). M., 2010.
8 See: Lysaki. V., Cherkasova Yu. Y. Prison subculture in Russia. Taganrog, 2006.
9 See: Oleinik A.N. Prison subculture in Russia: from Everyday life before state power. M., 2001.
10 See: Lysak I. V., Cherkasova Yu. Y. Decree. op.
CHURCHING 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 the Russian Orthodox youth are described.
Key words: Orthodox youth, religious socialization, churching process.
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 of "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.
AT modern Russia Orthodoxy retains the status of the dominant religion. According to the results of sociological surveys, the number of Russian respondents identified
those who associate themselves with the Orthodox, 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 the Orthodox in modern Russian society, which in the framework of modern Church Orthodox discourse is defined as the process of churching, is the most significant social problem. His Holiness Patriarch Alexy II has repeatedly stressed that after 70 years of domination of militant atheism in our country, the churching of various sections of Russian society, and especially young people, is the main missionary task of the Russian Orthodox Church in the 21st century4
The problematic nature of the process of churching in modern Russian society is determined by the following factors.
Firstly, the church socialization of modern Orthodox Russians takes place in the conditions of the intergenerational continuity of the Orthodox worldview, values and way of life that has been disrupted at the level of the masses. During the 70 years of Soviet power in Russia, under the threat of physical extermination and political
© Ufimtseva E, I, 2012
S.B. Gnedova, M.S. Bikmetova (Ulyanovsk)
The family is the most important institution not only at the initial stage of the socialization of the individual, but also throughout life. It is the family, as special social group, belongs the decisive word in shaping the personality of the child; it is the family that is a kind of marker of the success of the social adaptation of the individual, it is the family that has a special “duty” to provide psychological assistance and support to people who find themselves in difficult, unfavorable life circumstances. At the same time, it is necessary to study intra-family relations in unfavorable, so-called "problem" families in order to understand which elements of family interaction violate the process of social adaptation of the individual, which feature of family communication leads to the consolidation of undesirable character traits. Therefore, the subject of our study was family relations (perception of the family, attitude towards the family, experience of family roles, features of attitudes towards the family) of people convicted of various offenses.
Many domestic and foreign authors have studied family relationships, including satisfaction with family relationships. The most famous authors include the following: M. Bowen, V.N. Myasishchev, A. Ellis, A.N. Leontiev, V. Satir, E.G. Eidemiller, V. Justickis, P.N. Shikhirev, I.R. Sushkov, V.A. Yadov, A.G. Asmolov, S.I. Hunger. Also, there is a model of marriage, which was created by scientists R.L. Lewis and J.B. Spanier. As a result of their study, 47 characteristics of marital satisfaction were identified, which were divided into three groups (pre-marital, socio-economic and intra-marital factors). It was found that more than half of the parameters that positively affect marital satisfaction are psychological in nature. The most common models of marital satisfaction are M. Berkle's "compensation theory", S. Foote and M. Cottrell's "empathy theory", T. Newcomb's "equilibrium theory", A.R. Wallace and H. Clark, in which he introduced the term "compensatory", meaning the degree to which satisfaction with some aspects marriage and family relations makes up for the dissatisfaction of others. This problem was also dealt with by A.N. Volkova, in whose opinion, satisfaction with marriage is influenced by sociological characteristics, such as a high level of education, the absence of a difference in the education of spouses, also good conditions residence.
Among the authors involved in the study of the value orientations of convicts, it is important to note V.F. Pirozhkov and A.S. Mikhlin. They conducted research in 1975, as a result of which they identified five main values that play the most important role for convicts. The family occupies a special place among the values of convicts. The value of the family is great, especially during the period of resocialization. The criteria for family happiness, according to convicts, are mutual understanding, fidelity of spouses, children, wife's health, mutual care, comfort, etc.
The problem of the relationship between prisoners and their families is one of the important and at the same time acute problems in places of deprivation of liberty. The family is one of the fundamental and favorable factors contributing to the correction of the convict, his successful adaptation after release and integration into society.
It often happens that during the time one of the spouses is serving the sentence, the family breaks up (this primarily concerns repeat offenders). In general, the reasons causing dysfunction of family relations are very diverse.
These include, first, economic: subsistence level below the poverty line due to excessive dependency burden on one working family member; unemployment; low level wages etc. Secondly, asocial: alcoholism of the family or one of its members, drug addiction, prostitution. Thirdly, psychological and ethical: cruelty, aggressiveness, rudeness, conflict, selfishness, imbalance of characters. Fourth, medical: chronic infectious (eg tuberculosis) and venereal diseases, mental and sexual disorders, impotence. And finally spiritual and moral: spiritual anomie (withering away) of society, the ideals of criminal authorities.
According to a study conducted in 2002, there are about 33.3% of convicts in the Russian Federation whose families broke up while serving their sentences. Families of convicted women are breaking up especially intensively: in the general regime - 26%, in the strict regime - 74.4%. While serving their sentence, 3.9% of convicts across the Russian Federation entered into marriage, which is almost eight times less than the number of broken families. Also, based on the study of 2002, it is important to note that the proportion of unmarried people is growing, which is explained to some extent by the “young” age of a significant part of the convicts. In 2002, the proportion of persons who were not married at the time of arrest in the Russian Federation amounted to 63.7% of the total. Often an obstacle to creating a family is drunkenness, disorderly sex life, drug addiction, accidental income, unwillingness to limit oneself in anything, elementary selfishness, avoidance of responsibility. Convicts marry much less frequently than all other people. In addition, a certain part of the families of convicts break up while serving their sentences. This pattern is observed in all age groups. A particularly significant difference is observed in the younger age groups, which are the most criminogenic. This is due to the weak socially useful ties of criminals with society, which, on the one hand, contributed to the commission of the offense, on the other hand, prevented the creation of a family. Thus, in general, we can say about the unfavorable trends in relation to the marital status of the majority of convicted persons.
Correction of the convict in places of deprivation of liberty is one of the dominant goals of punishment. The rupture with family and generally beneficial social ties makes the process of correction difficult, being unfavorable factor. The family is the most stable team, having the maximum impact on the formation of personality, worldview, etc. Over time, the composition of the family changes without eliminating the influence of the family in which he grew up. In turn, the new family begins to play an even more important role in the life of the individual. Speaking about the influence of the family on convicts, we are talking not only about the spouse, but also about other relatives (parents, children, brothers, sisters, etc.). But still, their spouses and children play an important role for convicts.
We conducted a study of family and marriage attitudes and, in general, satisfaction with the marriage of convicts serving sentences in places of deprivation of liberty. The sample consisted of two groups: I - convicts (20 people); II - men from 20 to 55 years. During the study, the following methods were used: "Shmishek's Questionnaire"; test “Features of communication between spouses” (Yu.E. Aleshina, L.Ya. Gozman, E.M. Dubovskaya); “Marriage Satisfaction Test” (V.V. Stolin, T.L. Romanova, G.P. Butenko); socio-psychological questionnaire and statistical methods for processing the results.
As a result of the study, we obtained the following results:
Firstly, a statistical comparison of the results of the control and experimental groups, according to the Shmishek method, showed significant differences (at a 0.01% level) on the stuckness and excitability scales. These results testify to the psychological, individual and personal characteristics of the convicts. Many people in places of deprivation of liberty have immoral, base feelings; increased emotional excitability; rancor; excitability; inability, and often unwillingness to restrain oneself; increased expressiveness in the manifestation of emotions; lack of empathy and indifference to other people's suffering; feeling of inferiority and hopelessness; the dependence of emotions on the influence of the group; often among convicts there are people with increased emotional excitability and imbalance. It is the excitable and stuck types that are included in the group of special risk of delinquent behavior. People with these personality types are the most frequent participants in illegal actions that are socially dangerous.
Secondly, significant differences were obtained, according to the test "Features of communication between spouses", between group A and group B on the scales of mutual understanding between spouses and trust in communication, also at the 1% significance level. It is important to note that in connection with serving sentences in places of deprivation of liberty, the spouses have disrupted intra-family communication and emotional closeness, which in turn is reflected in marital satisfaction. Thus, it can be concluded that the emotional basis of communication is disturbed in the families of convicts.
And finally, thirdly, we found that the social characteristics of convicts also differ significantly from the control group, namely: the level of education, profession, salary, financial situation, housing conditions, family upbringing, social status, communication with relatives, the level of education of parents, etc. It follows that a change in social status affects communication between spouses and satisfaction with marriage is the higher, the more material resources, the higher the quality of education and models of marital relations in the parental family. The characteristics of convicts have the greatest impact on the breakdown of their families. A significant factor is the attitude of the convict to work, professional affiliation, type of activity, which, being a component of the general characteristics of the convict, affects the disintegration of the family through the personality. The main factors influencing the breakup of families are the number of convictions and the commission of a crime with a particularly dangerous recidivism. Here, first of all, the repeated separation of the convict from the family, as well as the longer terms assigned to repeat offenders, affects. Such characteristics as physiological (temperament), psychological (values, ideals, the convict enters the prison subculture, a criminal mentality develops), socio-psychological (the status of convicts goes down), indicate a decrease in the level of satisfaction with marriage.
To sum up all of the above, it can be emphasized once again how important it is for prisoners to maintain closer relationships with their families. Communication with the family and, in general, information about life outside of prison plays a crucial role in reducing the negative consequences of being in prison and in improving prospects for subsequent resocialization.
Also, we have planned a deeper study of this problem, since there is insufficient development and unresolved issues, which in turn determines the scientific novelty of our work.
Bibliography:
- Dimitrov A. V., Safronov V. P. Fundamentals of penitentiary psychology., Tutorial. - M. 2003
- Mikhlin A.S., Pirozhkov V.F. Value orientations of convicts sentenced to deprivation of liberty. Textbook. - Ryazan. 1975.
- Mikhlin A.S. Convicts: who are they? general characteristics convicts (based on the 1994 census) / Ed. P. G. Mishchenkova. M.: VNII MVD RF, 1996. 112 p.