Actual problems of realization of the legal status of convicted mothers in Russian correctional institutions

Guseyan Gulya Ovikovna ORCID: 0009-0003-6806-0237 Student; Department of Criminal Law; Southwestern State University 307207, Russia, Kursk region, Kursk, ul. 50 let Oktyabrya, 94, room G-710 gulya.guseyan22@mail.ru Other publications by this author     Bondareva Anastasiya Vladimirovna ORCID: 0009-0000-8699-8841 Student; Department of Criminal Law; Southwestern State University 94, 50 let Oktyabrya str., room G-710, Kursk, Kursk region, 305040, Russia nastyabon386@gmail.com

Himedenova Dina Nikolaevna ORCID: 0000-0002-1270-7447 PhD in Law Associate Professor; Department of Criminal Law; Southwestern State University 305040, Russia, Kursk region, Kursk, ul. 50 let Oktyabrya, 94, room G-710 dina.0206@mail.ru Other publications by this author

Currently, the issue of the legal status of convicted mothers in the Russian penitentiary system is becoming increasingly relevant in the context of ensuring human rights and social justice.The works of many scientists, including N.B.Lelik, E.V.Glebova, A.A.Gundarev, and Yu.P.Sinelshchikov, are devoted to the study of the legal status of convicted mothers in correctional institutions of the Russian Federation. In the works of the listed authors, the issues highlighted by them have been worked out in sufficient detail.However, the research available in this area does not fully cover the full range of existing problems in the field of ensuring the rights and freedoms of this category of convicts, which is due to the dynamics of changes in current penal enforcement legislation and the fragmented understanding of the problem.

According to the Federal Penitentiary Service, the number of women serving sentences in prisons is growing, and among them, a significant proportion are mothers who continue to be responsible for raising their children while behind bars. In this regard, there are many problems related to ensuring the rights and freedoms of such a category as convicted mothers. Despite the existence of a number of regulatory legal acts aimed at protecting the rights of convicted mothers, including the possibility of keeping children in places of deprivation of liberty, reality often shows that in practice these rights are not always effectively implemented. The shortcomings in the organization of life in correctional institutions, including in the medical units of the penitentiary system, as well as isolation from the outside world make this category of convicts the most vulnerable and exacerbate many social and psychological problems. Convicted mothers need more careful development by the State of measures aimed at the full realization of their legitimate rights and freedoms in conditions of isolation.

First of all, one of the most acute is the problem of providing proper psychological assistance to convicted mothers. It acquires special importance in the context of achieving the goal of correction, as well as taking into account the vulnerability and presence of a set of special psychophysiological characteristics in the studied contingent of convicts. Thus, it has been scientifically proven that, unlike men, female representatives are characterized by increased irritability, tearfulness, as well as a strong susceptibility to negative environmental influences^{[1, p.31]}.

The stress caused by the fact of being sentenced to imprisonment is complemented by feelings related to the need to perform maternal functions within the walls of correctional institutions. Women who find themselves in the role of mothers for the first time experience special psychological difficulties. A forced drastic change in lifestyle cannot but affect the psychoemotional state of the convicted woman. Thus, specialized, comprehensive and systematic psychological work is required for convicted mothers, which today is episodic.

In particular, modern psychological measures carried out in places of deprivation of liberty are perceived by employees of correctional institutions as preventive, are not aimed at an individual in-depth analysis of the consciousness of each convict and are not systematic (psychocorrective work in relation to individual problems or categories of convicts, conducting mass leisure activities, most often of an entertainment nature, solving private issues labor and household arrangements, etc.)^{[2, p.121]}. As a result, the real psychological problems of convicted mothers, and even more so, their solution, are not given the necessary attention, which becomes the basis for the formation of a number of adverse consequences: problems of establishing contact between mother and child, incorrect and improper communication between them, the creation of a negative psychological climate, the alienation of the mother from the child, etc.

It is rational to state that the stated problem requires a single solution, the most optimal of which is the creation and implementation in penitentiary institutions of a highly specialized, thematic comprehensive program for providing psychological assistance to convicted mothers. This program should be designed for the entire period of serving a sentence and include a number of different psychocorrective measures and the latest techniques developed based on the achievements of pedagogy and psychology.

For example, it is proposed to introduce as one of the main methods of working with convicted women the method of metaphorical cards (hereinafter referred to as MAC), which relatively recently appeared in the practice of psychologists in Russia and involves working with a deck of cards depicting various objects, life situations, animals, the meaning of which is transferred to humans ^{[3, p.30]}. With the help of associative maps, a person sentenced to imprisonment experiences internal associations, memories, analyzes his own emotional state. Research has proved that the "Energy of Life" and "Self-love" decks are the most effective for convicted pregnant women and women with children ^{[4, p.69]}.

It is important to note that the proposed program, which is mandatory for all convicts from the considered contingent, should be widely implemented in the work of psychologists in correctional colonies of the Federal Penitentiary Service of the Russian Federation, and the results of its development should be evaluated individually for each convicted woman. Other promising methods recommended for use by psychologists include the autobiographical method of studying the personality of a convict (AMIL), the Minnesota multidisciplinary personality questionnaire (MMR1), the eight-color M. Lusher test, the characterological personality questionnaire ERI (G. Eysenck) and a number of other effective measures.

Thus, a comprehensive program of psychocorrective treatment for convicted mothers will help solve many of their characteristic psychological problems, improve relationships with children, prevent their antisocial behavior and minimize the risk of recidivism in general.

Another equally significant problem that needs to be addressed is related to ensuring not only the mental but also the physical health of convicted mothers. According to Part 6 of Article 12 of the Penal Enforcement Code (hereinafter referred to as the PEC)In the Russian Federation, convicts have the right to health protection, including receiving primary health care and specialized care in outpatient or inpatient settings, depending on the medical report.

The relevance of the aspect under study is directly illustrated by the high morbidity rates of women in places of detention. In particular, pregnant women in prison, as well as mothers, are characterized by a consistently high level of infection with socially significant diseases, including HIV, hepatitis, tuberculosis, diabetes mellitus, as well as mental disorders of various nature ^{[5, p.239]}.

It should also be noted that convicted women have specific needs, which include the need to provide services to nurses and doctors, and consultations with specialists in the field of women's health. In the interests of female convicts, preventive health measures should be taken that are directly related to the female body. For example, it is possible to determine the presence of cervical cancer by taking a Pap test. An examination for oncological diseases of the mammary glands and female genital organs should also be mandatory. At the same time, convicted women who need special medical services due to their gender, being in isolation, are not always provided in this matter.

In such realities, the Russian penitentiary system is faced with an insufficient level of medical and sanitary provision for pregnant women and mothers with children. Despite the legislative "fixed" norms on the provision of appropriate specialists in the field of medicine to pregnant women, as well as mothers with children, in practice there is an acute shortage of personnel in this area. The problem of the lack of the necessary medical specialists in the Criminal Justice System of the Russian Federation leads to the fact that often convicted pregnant women, as well as mothers with children, receive the necessary assistance from the available therapist on duty, who, without special knowledge, may not diagnose the problems of the woman or child in time. At the same time, as noted by gynecologist E.P. Sukhareva, who has been operating on convicted women directly within the walls of correctional institutions for many years, the contingent in question has many problems and pathologies that urgently require timely specialized medical care.

The current situation runs counter to the basic medical guarantees of convicts and requires their permission. Doctors of relevant profiles (obstetrician, obstetrician-gynecologist, gynecologist, pediatrician, etc.) are sorely lacking, which is caused by a number of different reasons, ranging from low wages to difficult working conditions, as well as the need to contact representatives of a special agent. The provision of medical services to convicts often causes "fear" for young medical personnel.This is due to a number of reasons, among which are:negative stereotypes and perceptions in society about the insecurity of work in penitentiary institutions; risks of attack; low prestige of work in correctional colonies; low wages, which in most cases are lower than in ordinary polyclinics; lack of material resources ^{[6, p.46]}.

For example, according to Order No. 245 of the Federal Penitentiary Service dated April 25, 2023 "On establishing monthly salaries for atypical positions of employees of the Penal enforcement system of the Russian Federation", the salary of a therapist in the Moscow and Leningrad regions is 19,884 rubles, and the salary of a therapist in a state polyclinic averages 104 thousand rubles.The lack of resources is reflected in the fact that medical departments in correctional colonies often do not have the necessary modern equipment, medicines and materials.

The solution to these problems can be achieved through the implementation of a whole group of measures. Improving working conditions by increasing salaries for medical workers in correctional colonies, as financial support is one of the main incentives for attracting young personnel to work in the penal system. Another optimal solution that helps to increase the flow of young medical personnel to correctional institutions is to increase places for targeted training at medical universities in Russia. By concluding a targeted training agreement with an educational organization that trains medical personnel and is not part of the Federal Penitentiary Service of the Russian Federation, it will be able to guarantee the involvement of appropriate specialists to work in the system, which is so necessary at the moment.

Another important area of work is overcoming the stereotypes that arise among the "civilian" population about the penitentiary system. In order to eliminate them, it is necessary to carry out educational and propaganda work within the walls of medical universities, to talk about the positive experience of working in correctional colonies, about the possibilities of helping people, about the sense of satisfaction from the work done. It is also worth positively evaluating the solution proposed by V.E. Lukashik, who talks about increasing the authority of "penitentiary doctors" by increasing their salaries through the introduction of the category "special conditions for the performance of duties related to work with a special agent"^{[7, p.228]}.

The problem of the lack of proper logistical support for medical care for pregnant convicts, as well as mothers with children, also significantly "slows down" the modernization of the entire penal system of the Russian Federation ^{[8, p.109]}. So, we are talking about the lack of modern medical equipment, as well as the unsatisfactory state of available resources. It is safe to say that this problem is directly related to the one discussed above. The shortage of specialists in relevant fields is complemented by the stagnant state of medical equipment, household equipment, transport and other property. For example, in practice, all children of convicts under 3 months of age undergo ultrasound examination in district or regional civilian polyclinics. The reason for this is the lack of sufficient material and technical base in the form of ultrasound devices necessary for conducting an accurate and comprehensive examination within the walls of a correctional institution^{[9, p.27]}.

A separate block of issues should also be devoted to the ongoing attempts to humanize the legal situation of pregnant women sentenced to imprisonment, as well as women with children under 4 years of age. In particular, the Russian authorities, realizing the inadmissibility of imprisonment of the studied categories of convicts, are taking certain steps related to improving their legal status in general ^{[10, p.127]}. A striking example would be the consideration at a meeting of the Russian Human Rights Council in December 2023 of the idea of granting amnesty to women who have underage children and who are suspected or have already been convicted of nonviolent crimes. This idea was supported by the well–known human rights activist E.M.Merkacheva, who said that "mothers with children behind bars are nonsense in the current conditions of state development"^[11]. Such a proposal attracted approval and support among the sitting members and even among the members of the State Duma of the Russian Federation, but has not been put into effect to this day.

In our opinion, another draft that has not been fully finalized is related to the application of the institution of parole (hereinafter referred to as parole) in relation to convicted pregnant women or women with children under the age of four. To date, representatives of this category can apply for parole provided they serve at least one quarter of the sentence imposed for a minor crime (Part 3.1 of Article 79 of the Criminal Code of the Russian Federation)^{[11, p.139]}. However, the expediency of extending this institution exclusively to crimes of minor gravity is questionable. Referring to official statistics, it should be noted that the number of pregnant women and young mothers serving prison sentences for minor crimes is negligible and on average does not exceed 20 people per year.

Such statistics are easily explained: It is quite rare for Russian judges to impose imprisonment for crimes of minor severity, especially for pregnant women. At the same time, moderate crimes are more "popular", which women are most often encouraged to commit by domestic violence. However, for the application of the institute of parole in relation to the studied contingent of convicts, the minimum required period is equal to the total. This position of women seems to be somewhat contrary to the basic principles of humanism.

It seems that such "half-measures" taken today are not capable of becoming a powerful mechanism for ensuring social protection for pregnant women and mothers as convicts from the least protected category. The real protection of the rights and freedoms of this group of convicts will be facilitated by more radical measures that are fully consistent with the accepted trends of humanism and democracy in the penitentiary policy of the Russian Federation. We are talking about the need to extend the reduced minimum possible terms for applying the institution of parole (one quarter of the sentence) to convicted pregnant women or women with children under four years of age who have committed crimes of moderate severity. The relevant changes should be legally reflected in the framework of Part 3.1 of Article 79 of the Criminal Code of the Russian Federation.

Summarizing the above, it should be noted that the current state of social protection of motherhood and childhood in the Russian penitentiary environment is unsatisfactory and has a number of unresolved problems, among which the following are the most urgent: the problem of the need to provide adequate psychological assistance to convicted mothers; the problem of the lack of quality medical care for prisoners who are pregnant, as well as convicts mothers; the problem of the need for further humanization of the legal status of pregnant women sentenced to imprisonment, as well as women with children under 4 years of age. With a properly organized approach, the identified problems can be eliminated by implementing a range of the following procedural measures:

- creation and implementation in penitentiary institutions of highly specialized, thematic comprehensive programs for providing psychological assistance to convicted mothers;

- organization of a set of measures to enhance the authority of "penitentiary doctors";

- extending the reduced minimum possible time limits for applying the institution of parole (one quarter of the sentence) to convicted pregnant women or women with children under four years of age who have committed crimes of moderate severity.