Relevance of the dissertation research topic. In modern society, the number of people with signs of disability is significant. According to the World Health Organization, people with disabilities make up about 10% of the world's population; more than 500 million of them are officially registered. In Russia, there is currently a tendency to exceed this ratio; 10.8 million people with disabilities are registered, about half of whom are under the age of 40 (more than 45%). More than one million people are recognized as disabled each year, and the increase in the number of disabled people among people of working age is of great concern.

In recent years, the world's understanding of the problem of disability and, accordingly, approaches to solving it have changed. Thus, now disabled people are recognized not only as persons whose ability to work is reduced or lost, but also as persons who have other limitations in their ability to live (self-care, movement, communication, orientation, control of their behavior, learning). All this required radical changes in government policy towards people with disabilities. As a result, there has been a steady desire for structural restructuring and reorganization of examination and rehabilitation services for people with disabilities, the development of a rehabilitation industry system and the formation of a domestic market for rehabilitation services provided to people with disabilities. One of the directions of state policy in this area is the social adaptation of disabled people and the implementation of their labor rehabilitation. Moreover, the problem of the legal status of persons with disabilities and the creation of conditions for their normal life activities is becoming increasingly acute in the country every year, requiring an immediate solution.

One of the most difficult socio-legal and criminological problems is the social adaptation of disabled prisoners released from correctional institutions after serving a criminal sentence of imprisonment. The solution to this problem is directly related to the issues of combating recidivism. The proportion of disabled convicts serving sentences in prisons tends to increase. Of all the categories of people released, disabled convicts are the most problematic in this aspect. Among them, the level of recidivism is quite high (23%). Of course, these circumstances cannot but arouse interest in the study of the problem of social adaptation of convicted disabled people.

Deprivation of liberty, being the most serious type of criminal punishment, significantly limits the rights of convicted persons, leading to their desocialization and loss of socially useful skills and properties. Disabled people turn out to be the most vulnerable category not only in places of imprisonment, but also after release.

In Russia, the direction of social adaptation of disabled people remains one of the weakest links in the complex of rehabilitation measures; the problem of adaptation and the implementation of rehabilitation of convicted disabled people on its basis becomes even more complicated if we take into account the personality of those released from correctional institutions, the attitude of society towards convicts, even those who have served their sentence punishment, the need to solve the problems of their post-penitentiary resocialization.

In recent years, the importance of socio-economic rights and freedoms has increased in Russian society, especially in places of deprivation of liberty, where a significant amount of legal restrictions are provided for citizens. Major changes in this regard occurred in connection with the adoption in 1996 of the Criminal Executive Code of the Russian Federation (PEC RF) and Russia's accession to the Council of Europe. The new Penal Code of the Russian Federation contains an independent chapter that defines the fundamentals of the legal status of convicts; for the first time, it guarantees the right to social security for convicts, including disabled people sentenced to imprisonment.

A significant factor determining the relevance of the research topic was the closer integration of Russia into the world community, the natural result of which was our country’s accession to the Council of Europe. The provisions of international legal acts on human rights, treatment of convicted persons, such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and others, which do not provide for restrictions in the social security of convicted persons with disabilities, significantly influenced the national penal legislation, its improvement. This cannot but arouse scientific and practical interest. Russia has committed itself to more consistently implementing in legislation and in practice generally accepted norms that form the legal basis for the activities of the world community, and above all, provisions relating to ensuring the rights and freedoms of man and citizen, including the right to social security for convicted disabled people. The Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955, state that “the legislator should ensure that prisoners, during and after serving their sentences, retain the maximum rights in the field of social security, social benefits and other civil interests.”

Preserving the maximum rights in the field of social security for convicted disabled people, as recommended in fundamental international documents, is an expression of the principles of humanism and social justice in penal law as it relates to social security. In addition, the right to social security, social and legal rehabilitation of convicted disabled people, enshrined in the Constitution of the Russian Federation, federal laws, and the Penitentiary Code of the Russian Federation helps to ensure a minimum level of existence of these categories of convicts while serving their sentences and at the same time achieving professional and targeted interests, such as ensuring the regime in places of deprivation of liberty, providing corrective influence on convicted disabled people, preventing them from committing new crimes, their successful adaptation after release from serving their sentences.

The need to form a more effective mechanism for legal regulation of social adaptation of disabled prisoners, the creation of economic, legal, organizational and other conditions for ensuring the latter, determine the relevance and timeliness of the topic of this dissertation research.

The degree of development of the dissertation research topic. Issues of social adaptation of disabled prisoners after release from correctional institutions have not received adequate coverage in the scientific literature. The main studies are aimed at defining the concept and mechanism of social adaptation of convicts after release from a correctional institution (PI), without focusing on the personality and organizational and legal characteristics of such a category as disabled convicts. Taking into account the fact that the social adaptation of disabled prisoners is regulated by a complex of legal branches, its effectiveness depends on economic, legal, organizational, political, religious and other factors, the problem under study is distinguished by both relevance and novelty.

The complex nature of this problem suggests the need to turn to scientific works that examine its various aspects. Problems of social adaptation of convicts, including disabled people, received some coverage in the works of V.I. Gorobtsova, A.Ya. Grishko, V.I. Guskova, M.G. Detkova, G.D. Dolzhenkova, Yu.V. Zhulevoy, S.I. Zeldo-va, B.B. Kazak, B.P. Kozachenko, A.S. Mikhlina, G.L. Minakova, A.E. Natasha-va, S.B. Poznysheva, A.T., Potemkina, A.I. Reshetnikova, M.S. Rybaka, V.I. Seliverstova, E.V. Seredy, H.A. Struchkova, Yu.M. Tkachevsky, V.M. Trubnikova, V.A. Tenturista, I.L. Trunova, I.Ya. Foinitsky, A.B. Chernysheva, I.V. Shmarova, V.E. Yuzhanina and others.

There have been no special studies devoted to the social adaptation of disabled prisoners of a complex intersectoral nature, which determined the choice of the topic of the dissertation research.

All this necessitates an in-depth development of a number of fundamental provisions relating to the social adaptation of convicted disabled people, and also determines the relevance, scientific and applied significance of the topic under study. The foregoing allows us to formulate a scientific substantiation of the general concept of social adaptation of convicts with disabilities and make conceptual proposals for improving penal legislation in this direction, which will contribute, in our opinion, to increasing the level of law enforcement activities of institutions and bodies executing punishments, strengthening guarantees of respect for the rights and legitimate interests of the considered categories of convicts.

The object of the study is social relations arising in connection with the social adaptation of disabled prisoners after release from correctional institutions.

The subject of the study is the norms of criminal, penal law, and other branches regulating the implementation of social adaptation of convicts after release from correctional institutions, as well as socio-demographic, special criminological and other properties and personality traits of a convicted disabled person, affecting the effectiveness of his social adaptation.

The purpose of the dissertation research is to develop socio-legal, organizational and special criminological measures for the social adaptation of disabled prisoners, to identify the most criminogenic risk factors for committing new crimes by these persons, as well as to develop proposals and recommendations for improving this socio-legal institution.

To achieve this goal, the following tasks were set:

Determination of a complex of special criminological and social adaptation characteristics of disabled people serving a sentence of imprisonment;

Identification of the most criminogenic social complexes of the risk of committing crimes by disabled people and determination of differences in these parameters with comparable characteristics of criminals who are not disabled;

Development of measures to improve the prevention of crimes by disabled people, depending on compliance with differentiated risk factors for committing a crime, identification of ways to optimize the use of the results of a criminological study of the personality of a disabled criminal in the prevention of relapse of crimes, social adaptation after release from serving a sentence:

Research of the legal framework (including in the historical aspect) regulating the protection of the rights and interests of disabled prisoners and the practice of its application;

Definition of the concepts “social adaptation”, “rehabilitation”, “re-socialization” in relation to a disabled prisoner;

Identification of ways to improve legislation on the legal status of disabled prisoners and guarantees of their legal status.

The methodological and theoretical basis of the dissertation research was the dialectical method of scientific knowledge of social phenomena and the general scientific and special scientific methods arising from it: comparative legal, formal logical. In order to obtain reliable and scientifically based results, historical, comparative legal, systemic and statistical research methods were comprehensively used. In addition, sociological methods were used: questionnaires, interviews, document analysis.

The theoretical basis of the dissertation research was scientific works in the field of philosophy of law, general theory of law, constitutional law, criminal, criminal procedural, and penal law; works devoted to the criminological doctrine of the personality of a convicted person in general and a disabled convicted person in particular, ways and means of preventing recidivism.

The normative basis of the study was made up of normative legal acts at various levels: international legal acts on human rights, including those defining the basis of the legal status of convicts; Constitution of the Russian Federation; current criminal, criminal procedural, criminal executive legislation; legislation on the judicial system of the Russian Federation; departmental regulations, decisions of plenums of the Supreme Court of the Russian Federation.

The scientific novelty of the study lies in the fact that it represents a scientific solution to the problem of social adaptation of disabled prisoners after serving a sentence of imprisonment. The author, from the standpoint of a systematic and integrated approach, raised and developed issues of legal regulation of the activities of institutions executing criminal punishments and other government bodies for the adaptation of disabled prisoners.

The work established and analyzed a complex of personal characteristics and social adaptation of disabled prisoners. The structure and nature of crimes committed by disabled people are presented, the connection with their quality of life is revealed, the correlations of clinical personal and social-adaptive characteristics in a series of crimes are analyzed, and new data are obtained on the formation of the social danger of recidivism in disabled people. A hierarchy has been established in the complex of risk factors for committing crimes, and the ambiguity of the relationship between the determinants that contribute to their implementation is shown when people with disabilities commit crimes.

Main provisions submitted for defense:

1. Definition of the concept of personality of a disabled convict. It is understood as a person who has a health disorder with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects that have led to limitation of life activity and necessitate his social protection, recognized as such in the prescribed manner, convicted of a crime.

2. Characteristics of the historical stages of development of Russian legislation and the practice of its application in the field of social adaptation of disabled people released from prison.

3. Criminological portrait of the personality of a disabled convict.

4. The concept of social adaptation of disabled prisoners after serving a sentence of imprisonment. Social adaptation of convicts with disabilities is a complex of resocialization measures carried out after their release and aimed at ensuring their perception of the values, social norms, laws and rules of society existing in society, the assimilation of socially useful roles, the development of socially acceptable ways of interaction in everyday life and work groups , social groups under the control of the state, public, religious and other organizations in order to consolidate (or continue) the results of correction due to the state of their health and the fact of serving a criminal sentence.

5. Proposals to make additions to Part 3 of Art. 180 of the Penal Code of the Russian Federation with the following content: “Disabled convicts who require inpatient treatment and are in hospitals and departments for inpatient treatment of the penal system are sent, on the basis of a medical report and a presentation from the administration, to medical institutions at the location of the correctional institution or the place of residence chosen by the convict after release."

6. The identified complex of factors of a different nature: organizational (lack of housing for disabled people released from prison, reluctance of relatives to accept them, etc.), legal (lack of a regulatory framework on the social adaptation of persons released from correctional institutions, etc.) and psychological (anxiety, apathy, irritability, etc.) that impede the subsequent adaptation of a disabled person released from a correctional institution, and proposed appropriate measures to eliminate them.

The validity and reliability of the results of the dissertation research are determined by the empirical data obtained by the author in the process of studying and generalizing practice.

Using a specially developed questionnaire, 550 disabled people serving criminal sentences in the form of imprisonment in correctional institutions of various types of regime in the Bryansk, Rostov, Ryazan and Smolensk regions were interviewed. All convicts who were not disabled were selected as control groups (based on materials from a special census of convicts in 1999). In addition, materials from more than 200 criminal cases were studied.

Based on the assigned tasks, a standardized map was compiled, which recorded formalized characteristics, including passport data, clinical features of the disease, personal, social-adaptive and criminological-situational characteristics necessary for systemic-structural analysis.

The results obtained were processed using the method of variation statistics in order to determine the hierarchy of their significance and relationship in the system of the causal complex of the risk of committing a crime. A criminological study of the personality of a disabled convict, its results are also based on the observations of the applicant during the research in correctional institutions.

The empirical basis of the study also included data on the state and dynamics of crimes committed by the studied category of persons on the territory of the Russian Federation for 2002-2005.

The work uses quantitative and relative indicators obtained by other authors during the study of problems related to the research topic, statistical data on the activities of the penal system and social services.

Theoretical and practical significance of the study. The theoretical significance of the dissertation research lies in the scientific substantiation and study of an actual problem - the social adaptation of disabled prisoners after release from criminal punishment in the form of imprisonment, which required a comprehensive analysis of the legal and organizational aspects of this problem, studying the personality of a disabled prisoner serving imprisonment.

The results of studying the personal properties of disabled convicts contribute to the theory of the personality of the convict in general and the personality of the studied category of criminals in particular. Its typological characteristics allow special and other subjects of preventive activities to choose more correct tactics for the prevention of crimes committed by disabled people, and to more effectively organize a system of social adaptation of disabled prisoners.

On this basis, scientific conclusions have been made about the need to improve the institution of release and preparation for release of convicts and certain, most socially vulnerable categories in penal legislation.

The dissertation research makes a certain contribution to the theory of penal law and criminological science; fills the gap in the study of social adaptation of disabled prisoners and the prevention of recidivism of this type; makes proposals aimed at further improving the legislation of the Russian Federation.

The practical significance of the dissertation research lies in the fact that the conclusions and proposals contained in it can be used to improve penal legislation; conducting further scientific research on the problems of protecting human rights in the penitentiary sphere, specifying the forms and methods of social adaptation of disabled prisoners after release from correctional institutions. The obtained research data can be the basis for drawing up individualized programs for social adaptation and comprehensive rehabilitation of disabled prisoners, preventing crimes on their part with an adequate solution to the issues of providing social assistance and carrying out rehabilitation measures.

The implementation of the conclusions and proposals formulated in the dissertation makes it possible to develop methodological recommendations for improving individual educational work with disabled prisoners and to improve the methodology for studying persons prone to committing crimes. The data contained in the work can be used in the educational process when teaching courses “Criminal-Executive Law”, “Criminology and Crime Prevention”, a special course “Ensuring human rights in the penal system and other law enforcement agencies”, as well as in preparing methodological recommendations and training manuals on this issue.

In addition, the provisions of the dissertation can be used in the process of training personnel for the penal system.

Approbation and implementation of the dissertation research results. The research materials, its main conclusions and proposals were reflected in the author’s speeches at seminars and scientific and practical conferences: “Man: Crime and Punishment” (Ryazan, 2003); “50 years of the Standard Minimum Rules for the Treatment of Prisoners: experience, problems and prospects for implementation” (Ryazan, 2005); “Man: crime and punishment” (Ryazan, 2005).

The results of the study were introduced into the educational process of the Academy of the Federal Penitentiary Service of Russia, the Vologda Institute of Law and Economics of the Federal Penitentiary Service of Russia, as well as into the activities of institutions and bodies executing punishment (in the system of service and initial training of employees of the Federal Penitentiary Service of Russia in the Bryansk and Smolensk regions).

The structure and content of the dissertation are determined by the goals and objectives of the research. A scientific work consists of an introduction, three chapters, including seven paragraphs, a conclusion, a list of references and applications.

The results of the study allow us to present the following socio-demographic characteristics of disabled prisoners.

1. The vast majority of disabled people who commit crimes are men. The share of women in the group we studied was slightly more than 3% of the total number of disabled prisoners.

2. The largest proportion among disabled convicts serving a sentence of imprisonment are persons aged 20 to 39 years - 44.7%. Their percentage is significant among elderly people - 55 years or more (12.6 and 18.5%, respectively).

At the same time, the share of disabled people who committed a crime at the age of 20-39 years is much less than the share of all criminals of this age - by 29.5%. But the latter is much greater at older ages: the share of disabled criminals aged 50 years and older exceeds the share of all criminals of this age by almost 8 times.

3. The level of education of disabled people who have committed a crime is not much higher than the indicated indicator among all non-disabled convicts (60 versus 49.8%). The average score is 9.6 and 9.5 grades, respectively. Nevertheless, among disabled people there is a larger proportion of people with specialized secondary, incomplete higher education (14.5 versus 15.3%) and higher education (3.0 versus 1.2%). Due to their older age, disabled people objectively had more time to receive an appropriate education before committing a crime.

4. Depending on the type of occupation before committing a crime, people with disabilities are characterized much better than other categories of convicts. Among the disabled there are more people who worked (48.8%), while among all convicts this group was only 38%, and significantly fewer people without certain occupations (2.6 times). Among other sources of income for convicted prisoners, the main one is receiving a pension (28.8% of disabled prisoners are old-age pensioners and may not work). At the same time, the proportion of disabled people receiving a pension is 8.2 times greater than the proportion of pensioners among all other categories of convicts, which is quite natural, since disability largely leads to the transfer of disabled people to the category of pensioners.

5. The overwhelming majority of disabled prisoners (72.4%) do not consider themselves believers. Only 27.6% of convicted disabled people consider themselves believers (for all convicted persons this figure is slightly higher - 36.8%). Taking into account the fact that disabled convicts occupy an insignificant place in the general structure of convicts, it can be stated that religion as a powerful preventive factor does not find its place in the system of internal beliefs among disabled convicts. Feeling useless in this life, many disabled prisoners could find solace in religious beliefs.

In addition, convicted disabled people are less likely than other convicted persons to profess other, non-traditional religions for our country.

10.8%, for all convicts this figure is higher - 16.3%.

6. The marital status of disabled convicts is characterized by the fact that about half of them (43.1%) were not married before their conviction (for all convicts this figure is higher - 69.1%). At the same time, disabled people keep their families much more often than other convicts (39.2 vs.

20.9%). However, while serving their sentences, disabled convicts are less likely than other convicts to get married (0.3 versus 9.6%).

7. Regarding the health status of disabled prisoners, it can be noted that in terms of number, disabled people of group II are in first place (66.0%); in the second - group III (27.2%); in third place are disabled people of group I (6.8%). By the nature of the disease, the ranked series is as follows: tuberculosis - 87.0%, other diseases in the sample were equally distributed - 2.6% each (stroke, amputation, contusion, head injury, paralysis of the lower extremities, heart attack). Moreover, the incidence of tuberculosis among disabled prisoners is much higher than among other prisoners (87.0 versus 12.0%).

The criminal legal characteristics of the personality of convicted disabled people are as follows:

1. By the nature of the crimes committed, disabled convicts are mainly violent criminals (52.2% of them committed crimes against life and health). At the same time, an analysis of the motives for committing violent crimes cannot fail to draw attention to the fact that motives that are similar in essence prevail among them: being in a state of “self-defense” (23.0%), resentment (10.0%), being in state of passion (10.0%), nervous breakdown (7.5%), defense of one’s dignity, the dignity of a woman (7.5%).

Depending on the categories of crimes committed, disabled convicts were distributed as follows: less serious - 7.2% (which is 24 times higher than the figure for all convicts - 0.3%); moderate severity - 27.8% (which is 55.6 times higher than the figure for all convicts - 0.5%); serious crimes - 23.7% (which is 3.3 times lower than the figure for all convicted persons - 78.9%); especially serious crimes - 41.3% (which is 2 times higher than the figure for all convicted persons - 20.3%).

2. The risk of recidivism for disabled people is significantly lower than for all other convicts. If among disabled people the share of people with one criminal record is 87.0%, then among all people it is only 45.5%. Disabled convicts with two convictions account for 9.5%, which is 3.7 times less than the same figure for all convicts (34.8%). Disabled convicts with four or more convictions make up 1%, which is 7.9 times less than all convicts (7.9%). The only exceptions are disabled convicts who have three previous convictions, since there are almost twice as many of them as among other convicts (2.5 versus 1.8%, respectively). It can be suggested that this trend is determined by the health status of disabled people and physical limitations on their ability to commit a crime.

3. Of particular interest is the analysis of crimes committed by convicts with disabilities in complicity. It can be noted that a significant number of crimes (90%) are committed by disabled convicts alone. In first place among disabled people who have committed a crime as an accomplice are accomplices - 15.5% (among other criminals - perpetrators - 2.2%); on the second - perpetrators - 14.5% (among other criminals - accomplices - 11.6%); in the third - organizers and instigators - 1.0% each (among others - organizers - 11.1%).

The main form of complicity in which crimes are committed by disabled people is a group of persons (among other criminals - a group of persons by prior conspiracy). The second place is occupied by a group of persons in a preliminary conspiracy - 32.5% (among other criminals - a group of persons - 30.7%). It is not typical for people with disabilities to commit a crime by an organized group or as part of a criminal community (criminal organization).

4. Convicts with disabilities are most often sentenced to imprisonment for a term of three to eight years - 63.0% (among other criminals, the share of those sentenced to these terms is 57.0%). There are more disabled people sentenced to long sentences (over ten years - 12.0%). The average sentence for disabled people is 0.2 years longer than for other categories of criminals.

5. Additional types of punishment are applied to disabled convicts 4 times less often than to all convicts (4 versus 16.4%). At the same time, only one type of additional punishment is applied to them - a fine. For the majority of convicts, a fine is applied much less frequently, only in 3.9% of cases. Provided that other types of punishment were applied to the remaining convicts, this figure for disabled people may increase several dozen times. The only positive aspect is that confiscation was not applied to disabled convicts as an additional punishment, the share of which before its abolition among other convicts was 12%.

Considering the criminal-executive characteristics of the personality of convicted disabled people, the following main provisions can be reflected:

1. Among convicts with disabilities, the proportion of persons characterized negatively is significantly lower than among other convicts - 1.3 versus 18.4%. Among the disabled there was not a single persistent violator of the regime (among all convicts their share was 4.4%). At the same time, one cannot help but draw attention to the fact that among convicts with disabilities, almost a third (28.5%) are characterized as neutral in relation to the requirements of the regime.

2. Convicts with disabilities are much less likely to take part in educational activities, unlike all convicts. Only 8% of disabled people take an active part in educational activities (for all convicts this figure is 33%). However, due to disability, convicts who participate less actively in educational activities make up 5.4%, for other convicts this figure is 36.3%. An interesting indicator is the non-participation of disabled prisoners in educational activities. It exceeds the proportion of convicts participating in educational activities by 6 times (74.1 versus 16.3%). Accordingly, the proportion of disabled convicts, according to the given criterion, who do not participate in these activities, is several times greater than the proportion of all convicts (4.5 times). We present this indicator taking into account convicts who are serving a sentence in an institution for less than six months, and therefore there is no real opportunity to evaluate them. Such convicts, according to our research, turned out to be 12.5% ​​versus 14.4% among all convicts serving their sentences.

3. The third part of disabled convicts treats work conscientiously (34.0%), which is less than the share of those convicts that treat work conscientiously among other convicts (by 7.6%). At the same time, among the former there are almost three times more people who treat work dishonestly (3.2 versus 9.0%). This in many cases is explained, among other things, by the older age of convicted disabled people, which, due to objective reasons, determines a more conscious lifestyle in general and its manifestation in relation to work in particular. The prevalence of the proportion of disabled prisoners who do not work for reasons beyond their control (56.4%), in our opinion, is explained by their limitations in work due to disability.

4. The distribution of convicts depending on their attitude to study indicates a large difference between disabled people and all other convicts. If among disabled people in the ranking series the first place is occupied by the indicator “Does not study for good reasons” (84.0%), then among all convicted persons - “Has a secondary education” (58.8%). Among the disabled people in the sample, there were no convicts who treated their studies dishonestly or did not study for unjustifiable reasons, while among all convicts the share of the latter was 1.9 and 5.3%, respectively.

5. Convicted persons with disabilities take less active part in the work of amateur organizations compared to all convicts: (13.2 and 35.0%, respectively). Among disabled convicts, compared to all convicts, there is a larger proportion of persons who do not participate in the work of amateur organizations; their shares are 74.2 and 61.4%, respectively. At the same time, it should be noted that 8.2% of disabled prisoners actively participate in the work of amateur organizations of convicts, while among all convicts this figure is 16.2%.

Considering the problems of preparing disabled prisoners for release, the author relies on the basic constitutional provisions, according to which Russia is a social state, and therefore is obliged to fulfill its obligations to protect all segments of the population, including people with disabilities. But, despite the legislative regulation of many issues, social protection of this category due to the lack of a well-functioning mechanism is not at the proper level.

The legal status of a convicted disabled person is, first of all, a set of additional rights and legitimate interests granted to him during the period of serving imprisonment. At the same time, a number of them, aimed at ensuring an adaptation period after release, cannot actually be implemented, which is due to the state of health of these (for example, granting the right to travel without an escort, transfer to a colony-settlement).

The dissertation examines the features of the activities of the administration of a correctional institution in preparing (psychological, legal, etc.) disabled prisoners for release. Psychological barriers are indicated (anxiety, fear, boredom, apathy, irritability, etc.), organizational (lack of housing, reluctance of relatives to accept them, etc.) and legal difficulties (lack of a regulatory framework on the social adaptation of persons released from correctional institutions , etc.), preventing the normal course of the subsequent adaptation period. As a result, the dissertation author sees the need to establish, before the release of a convicted person, with the help of the administration of the correctional institution, friendly relations with relatives, work collectives (if the person being released is able to work due to the nature of the disease), increasing the number of visits, providing released disabled people with photocopies of the main provisions of the legislation, providing them with additional social guarantees, implementing obligatory visits to resolve issues of labor and living arrangements, etc.

The administration of correctional institutions, when preparing for the release of disabled prisoners, must structure classes accordingly, taking into account the peculiarities of the category. As part of the pre-release school, it is necessary to: a) conduct explanatory classes about the rules of behavior in homes for the disabled, the daily routine of such homes; b) resolve issues regarding insurance policies of this category of convicts in advance; c) form a vocational education system in correctional colonies in such a way that disabled people master specialties that they could find use after release.

There is a long overdue need for the development and adoption of a law on social assistance for those released from prison, in which responsibility for the everyday life and work arrangements of disabled people released from prison should be placed on government and administrative bodies. At the same time, it is necessary to clearly define their competence, areas of activity, coordinating functions, and reflect the prospects of focusing on a close connection with public formations. It seems that the dominant role should belong to social protection authorities.

The process of preparation for release and social adaptation of those released is briefly presented using the example of the Republic of Belarus, which, in principle, has fairly similar legislation and the practice of its application.

Despite various points of view about the structure of the social protection system for people with disabilities, including those released from prison, it currently consists of government organizations (for example, social service centers) and non-state sector institutions (charitable and religious organizations, etc.). Social protection can be provided both inpatient and semi-inpatient settings.

The needs of disabled prisoners, as a basic characteristic for planning work and making decisions on various aspects of the problem, can be divided into two groups:

General needs, that is, similar to those of other population groups;

Special needs, that is, arising in connection with conviction and serving a sentence.

The most typical of the special needs of disabled people is the need for: 1) restoration or compensation of impaired or lost abilities for various types of professional, everyday and social activities; 2) in a rational work and household arrangement; 3) in socio-psychological adaptation; 3) in material, household and financial support.

The author examines the main social organizations in which disabled people who have served a criminal sentence in the form of imprisonment can be placed. At the same time, the possible negative consequences of placing convicted disabled people among the general mass of law-abiding people (their spread of a criminal subculture, etc.) were analyzed. Therefore, it is proposed to establish a special system of control over their behavior with the involvement of the internal affairs bodies.

The issues of vagrancy of former disabled convicts are raised and examples of the real consequences of this antisocial behavior are given.

Legal and organizational problems of professional rehabilitation of disabled people are considered. There is an insufficient level of state policy in this direction, as well as the inaction of the mechanism for self-employment of released disabled people. The author describes the positive experience of creating public organizations for people with disabilities, which have shown their effectiveness in a number of cities.

The basis of social policy in relation to disabled prisoners is the rehabilitation direction as the main thing in the formation of the psychophysiological, professional and social potential of the disabled person for its subsequent implementation in various fields of activity. In the context of this, it is necessary to solve the following problems.

1. In the field of professional rehabilitation - to ensure a guaranteed targeted solution to the needs of disabled prisoners for professional rehabilitation based on individual specific circumstances. The forms and volumes of assistance must be adequate to the social disadvantage that characterizes a person’s situation due to health problems and conviction. At the same time, the choice of forms of vocational rehabilitation should ensure that the needs for education, vocational training, labor, etc. are met.

2. Organize work on special training (retraining) of specialists in the rehabilitation of disabled prisoners.

3. Recommend to the executive authorities of the constituent entities of the Federation and municipalities to legislatively introduce the responsibility of designers and builders for the implementation of standards for adapting housing, roads and social and cultural facilities to the needs of people with disabilities.

4. Distinguish between the competence and subjects of medical and social rehabilitation. At the same time, the regulatory provisions on this issue, in the opinion of the applicant, should proceed from the fact that the right to social protection in all its diversity should be guaranteed to disabled people by the state as a whole, and actually ensured by its local authorities, depending on individual needs.

5. Strengthen the independence of local authorities in ensuring the effective development of the region in solving socio-economic problems in the life of the population, including in the field of medical and social rehabilitation of people with disabilities. The problem is that it is necessary to provide local authorities with the maximum opportunity to satisfy the legitimate interests of persons who have fully or partially lost their ability to work, ensure equal opportunities for both healthy members of society and the disabled, and guarantee disabled people access to all types of social services provided by society.

6. Amend the Federal Law “On the Profit Tax of Enterprises and Organizations”, providing for a reduction in taxable profit for organizations that allocate their own funds to provide benefits to people with disabilities.

7. It seems appropriate to adopt the Federal Law “On Disabled Persons”, which would not duplicate the provisions of the current law, but would strengthen the legal mechanisms for ensuring a decent life for disabled people. This law must contain norms regulating the specific legal status of disabled prisoners.

On the problems of people with disabilities, parliamentary hearings should be held in the State Duma of the Federal Assembly of the Russian Federation, a special meeting of the Government of the Russian Federation, joint boards of the Ministry of Labor and Social Development of the Russian Federation and the Federal Penitentiary Service. Similar actions should be taken in the constituent entities of the Russian Federation to implement practical measures to radically improve the situation of disabled prisoners in our country.

The main provisions of the legislation are also given that provide additional state guarantees for providing these persons with housing, and factors contributing to the loss of housing by disabled former convicts.

As a result of the study, we can draw a general conclusion that, in general, the system of preventive and social rehabilitation measures for people with disabilities should have as its goal possible mental and physical recovery, the revival of the ability to be useful to society, to feel like a full member of it. In all cases, these measures must be aimed at preventing the commission of crimes by these persons.

CONCLUSION

Social adaptation of disabled prisoners is an integral element of their resocialization, carried out in connection with the commission of a crime and serving a criminal sentence in the form of imprisonment. But since the person is disabled, various types of rehabilitation measures are also required.

Consequently, the social adaptation of disabled prisoners is a complex of resocialization measures after release, aimed at ensuring their perception of the values, social norms, laws and rules of society existing in society, the assimilation of socially useful roles, the development of socially acceptable ways of interaction in everyday life, work groups, social groups under the control of the state, public, religious and other organizations in order to consolidate (or continue) the results of correction due to the state of their health and the fact of serving a criminal sentence.

The difficulty of adaptation of disabled prisoners after release as one of the areas of resocialization is determined by the fact that in parallel, rehabilitation of disabled people is carried out, that is, a complex of social and medical measures carried out by the state (social care authorities, medical institutions, administration of homes for the disabled), public, religious and other organizations , aimed at restoring health, physiological properties of the body, developing such communication skills, interaction with family, social environment, the state and its institutions that would allow a disabled person to lead a full life after the loss of some physiological functional capabilities caused by injury, disease, as well as restoration after release of labor professional skills, the ability to independently create living conditions caused by injury, illness, etc.

Social adaptation of a released disabled person to a certain environment, new living conditions is a complex process that consists of a number of activities aimed at developing interaction skills and resolving issues in the following areas: 1) those released from correctional institutions - family, relatives; 2) those released from the correctional facility - the environment (friends, neighbors, yard); 3) released from correctional institutions - society as a whole; 4) released from correctional institutions - production team; 5) released from correctional institutions - personnel, administration of medical institutions, homes for the disabled and the elderly; 6) those released from correctional institutions - commercial structures acting as employers, and other possible subsystems.

Considering the historical genesis of legislative regulation of social adaptation of disabled prisoners, it should be noted that it is developing in line with the system of regulations regulating the legal status of disabled people in the Russian Federation, methods of providing them with medical and rehabilitative assistance. At the same time, it can be argued that the situation will not be resolved by creating laws alone; therefore, it is necessary to implement a whole range of social measures involving the efforts of many services.

A study of the history of legislation on social adaptation shows that it basically had an evolutionary path of development, beginning to take shape at the turn of the 18th-18th centuries. Initially, the role of charity from private individuals and the church was great, and only later did the state take on many issues of caring for the disabled. In the 19th-20th centuries. The tsarist government takes care not only of the convicts, but in some cases also of their families in the event of the death of a convict or his injury (disability), if the family followed him and lived near the place of execution of hard labor. A targeted policy of providing assistance to released convicts, including disabled people, was provided for in the RSFSR Penitentiary Code of 1924. Such assistance in adaptation included: the provision of various types of loans, payments, and allowances for those released to get a job for the first time; creation of night shelters, shelters, residential homes and other institutions for homeless convicts; the opening of special industries and enterprises for those who had been released, where disabled people who were able to work were also employed.

Social policy towards people with disabilities, its reflection in regulations, and provision of assistance to released convicts is purposefully formed only in the Soviet state.

The specificity of adaptation of disabled prisoners is that its regulation is largely carried out through by-laws, which is why it is necessary to expand their legislative base. The author comes to the conclusion that it is necessary to make changes to the wording of Art. 180 of the Penal Code of the Russian Federation, setting out Part 3 as follows: “Convicts who are disabled people of the first or second group, as well as convicted men over 60 years of age and convicted women over 55 years of age, at their request and presentation by the administration of the institution executing the sentence, are sent by social protection authorities to homes for the disabled and elderly.

Disabled convicts who require inpatient treatment and are in hospitals and departments for inpatient treatment of the penal system are sent, on the basis of a medical report and a presentation from the administration, to medical institutions at the location of the correctional institution or the place of residence chosen by the convict after release.”

Additions and a new edition of Section 6 (“Features of preparation for release from places of imprisonment of disabled people of groups I and II, the elderly, pregnant women and women with children, as well as foreign citizens and stateless persons”) of the order of the GUIN of the Ministry of Justice of Russia dated March 22, 2004 are needed No. 75 “On approval of the Regulations on the social protection group and recording the work experience of convicts in a correctional institution of the penal system of the Ministry of Justice of the Russian Federation.”

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