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THE ROLE OF MORAL CORRECTION OF CONVICTED PERSONS IN
THE EXPERIENCE OF ADVANCED FOREIGN COUNTRIES
Rashidov Sherzod Fazliddin ug‘li
Cadet of the Academy of the Ministry of Internal Affairs of the Republic of
Uzbekistan
Saydullayev Ramazonbek Istam ug‘li
Cadet of the Academy of the Ministry of Internal Affairs of the Republic of
Uzbekistan
https://doi.org/10.5281/zenodo.14017167
In recent years, a number of measures have been taken to improve the
penitentiary system. In particular, comprehensive measures were implemented
to involve convicts in productive labor and unconditionally observe their labor
rights, respect their honor and dignity, eliminate corruption and abuse of official
authority in this area, and strengthen the material and technical base of
penitentiary institutions.
The activities of educational institutions in the penitentiary system have
been fundamentally reformed. Innovative pedagogical technologies have been
introduced into the process of educating convicts, and, first and foremost,
mechanisms for vocational training of minors and convicts without professional
skills have been revised.
The efforts to involve convicts in useful labor should not contradict
international practices. Specifically, Rule 96, Part 1 of the United Nations
Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules) states
that prisoners must be given the opportunity to work or be employed if they are
found to be physically and mentally fit by a doctor or other qualified medical
professional.[1]
According to Article 88 of the current Criminal Executive Code, the main
purpose of involving convicts in labor is to cultivate in them a need to engage in
socially useful activities. Persons sentenced to deprivation of liberty should
work, taking into account their gender, age, health status, ability to work and, if
possible, specialization. The labor relations of convicts are regulated by labor
legislation, taking into account the exceptions and restrictions provided for in
the Criminal Executive Code.[2]
Additionally, this article stipulates that men over sixty years old, women
over fifty-five years old, and persons with disabilities of groups I and II are
involved in labor at their own discretion. Convicted women are granted leave
from work for pregnancy and childbirth for a period established by law.
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Rule 96, Part 1 of the Mandela Rules states that "prisoners should be
assigned sufficient useful work to occupy them for a normal working day."
In our opinion, this rule is intended to ensure that working hours are
observed when engaging prisoners in labor. For this reason, the Law of the
Republic of Uzbekistan No. ZRU-683 dated April 21, 2021 "On Amendments to
Certain Legislative Acts of the Republic of Uzbekistan" amended Part 6 of Article
88 of the Criminal Procedure Code. The amendment stipulates that the labor of
prisoners is prohibited in jobs forbidden by labor legislation, and the use of
female and juvenile prisoners' labor is not allowed in such work.[4] The
amendment stated that the labor of convicts is not allowed to use the labor of
women and juvenile convicts in work prohibited by labor legislation.[4]
While Rule 97, Part 1 of the Mandela Rules states that the work of
prisoners should not be afflictive, Article 88 of the current Criminal Code of the
Republic of Uzbekistan specifies that the list of jobs and positions prohibited for
prisoners is determined by legislation. Prisoners are required to perform
assigned work honestly and conscientiously, comply with labor and
technological discipline, technical safety rules, and labor protection
requirements. Prisoners are prohibited from stopping their assigned work to
resolve labor and other disputes.
Part 2 of Rule 97 of the Mandela Rules states that prisoners should not be
held in slavery or servitude.[5] However, contrary to this rule, Article 13 of the
U.S. Constitution, adopted in Philadelphia on September 17, 1787, states that U.S.
citizens shall not be subject to involuntary servitude or slavery, except as
punishment for crime.
This implies that Article 13 of the U.S. Constitution allows for the
enslavement of prisoners. This indicates that the rights of prisoners in the
United States are being violated. Furthermore, the United States has allowed
private entrepreneurs to privatize correctional institutions. This experiment
was reflected in the first privately built and operated correctional facility (San
Quentin State Prison) opened in California in the 1850s.
However, this experiment was unsuccessful - scandals surrounding
corruption and mismanagement forced the state government to refuse to
contract with the private company and to return the management of the
institution to its own control.[6] But this experiment was unsuccessful - scandals
surrounding corruption and mismanagement, forced the state government to
refuse to enter into a contract with a private company, and sentencing to return
management of the institution to its own hands.[6]
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In our opinion, this practice is entirely inappropriate, as the primary goal
of penal institutions is not to generate profit, but to morally rehabilitate
convicts. Since the beginning of the 20th century, all correctional services in the
United States have been provided solely in institutions built and funded by the
state from the state budget (federal or state). In numerous cases, non-
governmental non-profit organizations and volunteer citizens provide various
rehabilitation services for inmates. The cost of maintaining correctional
institutions has traditionally been high, so the practice of contracting with
private companies to provide a range of services (typically medical services,
food, and transportation) is widespread.[7]
Additionally, in the USA, labor contracts have been established with state
and private contractors for the employment of inmates by correctional
institutions and the utilization of their labor. By 1885, in
13 states of the United States, correctional institutions had concluded
contracts with private entrepreneurs to engage inmates in labor and use their
work. The labor of inmates was economically beneficial both for the contractors
and for the administration of the correctional facility. Income did not always
cover the costs of maintaining prisoners, but through this method, the
administration of the penal system brought the institutions to a level of self-
sufficiency, and there were even instances where a portion of the funds received
for financing was returned to the state budget.[8]
In our view, during this period, the United States implemented the initial
stages of public-private partnership agreements, but it would be accurate to say
that the purpose of engaging inmates in work was not moral rehabilitation, but
rather economic development.[9]
Currently, the form of private penitentiary institutions is still quite
popular in the United States. GEO Group, one of the largest commercial private
prison operators in the United States, reported revenue of $2.26 billion for the
first month of 2022, and an annual net income of $159.2 million for 2021, which
amounts to $1.32 per shareholder.[10]
The company's net income and earnings from shares increased
significantly compared to 2020 (up from $113 million), although two of its
agency contracts expired in November and were not extended by the U.S.
Federal Bureau of Prisons.[11] How can these organizations engage in mutual
relations without an existing contract? How can these organizations interact
without a contract?
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The world's largest private prison operator, CoreCivic, signed a new three-
year contract with the State of New Mexico in September 2021 to lease the 596-
bed Northwest New Mexico Correctional Center.[12]
Statistics show that currently in the country's prisons more than 2 million
people are being held, which has increased by 500 percent over the past 40
years.
This accounts for a quarter of all prisoners in the world.[13] In 2019,
115,428 people were held in private prisons in the United States, which
represents 8% of the total number of inmates held in the United States. Since
2000, the number of people held in private prisons has increased by 32%.[14]
Today, private prisons in the United States are heavily criticized for staff
shortages, drug abuse, forced labor, and lack of medical care.
The experience of the United States shows that the practices in the
country's penal system contradict Rule 97, Part 2 of the Mandela Rules, which
states that prisoners should not be held in slavery or under coercion.[15]
Also, in this experience, it is evident that the country itself has not adhered
to regulatory legal acts regarding private contractors who have operated
normally during the past year, despite the decree signed by US President Joseph
Biden on March 17, 2021, aimed at canceling federal contracts with private
prisons in order to abandon this practice.
On January 26, 2021, J. Biden signed a decree to reform the country's
penitentiary system
and ultimately abolish private prisons,[16] but this decree was not
implemented in practice.
In our opinion, convicts can be subjected to slavery in the United States, as
we have already seen, and the country's constitution permits this. Serving a
sentence in private penal institutions is also considered a form of slavery.
Since gaining independence, there has never been any mention of
involving convicts or citizens in slavery within the framework of our country's
adopted constitution and laws. As evidence of this, our legislation states that
persons sentenced to deprivation of liberty are usually employed in penal
institutions and enterprises of their organizations, and in some cases, in other
enterprises, provided that necessary protection and complete separation are
ensured. Convicts are not allowed to work for private individuals.[17]
Now let's examine the experience of China in employing convicts and
utilizing their labor. This country has a unique approach to involving convicts in
work. The main part of the profit from finished goods sold in China is allocated
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to the educational process organized for convicts, the development of the colony,
and the payment for production purchases. The fact is that in Chinese penal
institutions, prisoners are not paid for their work. The provision of all necessary
items for living in penitentiary institutions, including clothing, food, and
essential services, is considered full provision at the expense of the state. The
working hours of convicts are 12 hours a day. The majority (up to 80%) of the
products made by convicts are exported.[18] In our opinion, it is necessary to
pay attention to this best practice. In our opinion, it is necessary to pay attention
to this best practice.
At this point, a question arises: what is the volume of products produced in
our country's penitentiary institutions today through the socially useful work of
convicts? Unfortunately, currently, products manufactured by penitentiary
institutions are not exported to other countries.
From this perspective, it is necessary to organize the export of products
manufactured as a result of engaging prisoners in productive labor in
penitentiary institutions. The following actions need to be taken:
First, to bring the goods produced by prisoners' labor in penitentiary
institutions to export quality, it is essential to update the material and technical
base of penal institutions and re-equip the facilities for manufacturing goods
that meet international standards;
Second, it is necessary to create electronic platforms and telegram bots for
online trading by penitentiary institutions.
Prisoners who are not engaged in work are not granted annual paid leave.
According to Article 70 of the Criminal Code of the Russian Federation, the
prison administration may involve prisoners in unpaid maintenance work for no
more than 4 hours a week. Deductions from wages and other income of convicts
sentenced to imprisonment can only be made from their wages, pensions, and
other income in accordance with part four of Article 99 of this Criminal Code
(Prisoners receiving wages and pensions cover the costs of food, clothing,
utilities,
and personal hygiene products, except for special meals and special
clothing. For prisoners who evade work, these expenses are deducted from the
funds available in their personal accounts. Reimbursement of the cost of food,
clothing, household services, and personal hygiene products is carried out
monthly within the framework of actual expenses incurred in a given month).
This foreign practice is reflected in the current Criminal Code of the
Republic of Uzbekistan and the republic's regulatory legal acts. Unlike in Russia,
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in Uzbekistan's practice of employing prisoners, labor leave is provided only in
settlement colonies. This practice is not implemented in other types of
penitentiary institutions.
In accordance with Article 91 of the Criminal Code of the Republic of
Uzbekistan, prisoners in settlement colonies have the right to annual paid leave
of fifteen working days. Leave is granted with the right to leave the settlement
colony territory in the manner prescribed by Article 82 of this Criminal Code.
The time spent by a prisoner in the disciplinary unit of the penal colony is not
included in the period required for granting paid annual leave.
We can see that in the Russian Federation, a calendar day practice is used when
providing labor leave to prisoners, while in our legislation, a 15-day practice is
established. Additionally, the penitentiary system of the Russian Federation
does not specify which category of prisoners serving sentences in which type of
colony are eligible for leave. In our system, this category is established, and leave
is only allowed for those in settlement colonies.
Использованная литература:
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Бирлашган Миллатлар Ташкилотининг маҳбуслар билан муомала
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Электрон манба: https://www.penalreform.org/keep-informed. (мурожаат
вақти: 16.10.2024 й).
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Бирлашган Миллатлар Ташкилотининг маҳбуслар билан муомала
қилиш бўйича минимал стандарт қоидалари (Мандела қоидалари).
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ЎРҚ-683-сонли
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