The corresponding bill was submitted to the State Duma by one of the deputies, as well as by the State Assembly – the Kurultai of the Republic of Bashkortostan. The developers of the document emphasize that socially useful work is one of the means of correcting the convicted.
“The administration of the correctional institution is obliged to involve inmates in work, taking into account their gender, age, ability to work, state of health and, if possible, specialty. Cases of refusal to work or termination of the work are a malicious violation of the procedure established for serving the sentence and can lead to the application of penalties and liability – explain the authors of the initiative – In the process of reforming a convicted person, an important success factor is not only the his own involvement in the work, but also ensuring the correct performance of his labor duties by the prisoner”.
However, the authors continue, the employees of the colonies tend to point out the very low labor discipline of the inmates, “that is, they do not reject the job offered and do not stop doing it, but at the same time they carry out their job duties in bad faith. .”
In other words, some prisoners, standing in front of the machine, work carelessly. However, it is impossible to punish a convicted person for lack of diligence, complain the proponents of the proposal. However, if the bad work is legally recognized as malicious violation, then inmate scammers will be in trouble. The administration of the colonies may fine them, send them to a punishment cell for a couple of weeks, and even lock them up for a year in a cell of the Unified Cell Type Local.
The government emphasized that in the absence of a specialty, the quality of a convict’s work may be lower for objective reasons. It is not fair to punish inexperience
However, the government considered the proposal vague and unnecessarily harsh. “The standard draft does not contain a definition of improper performance of labor duties, therefore, the implementation of this standard may generate legal uncertainty due to the possibility of its various interpretations in law enforcement practice and the unreasonable application of sanctions and material liability to the convict, “says the review. work, if possible, taking into account their specialty. In the absence of a specialty, the quality of the performance of labor functions of convicts, for objective reasons, can be significantly less than that of an employee with the necessary level of qualification.
