On the issue of the organization of medical care for persons serving forced labor in correctional centers

Introduction. Any citizen of our country, according to the constitutional provisions, is entitled to medical care and health protection. At the same time, for those who have been convicted and sent to serve forced labor in correctional centers and sections of correctional centers operating at enterprise facilities, the implementation of this right is complicated by a number of problematic issues.

Purpose. Identify and characterize the problems that arise in the process of organizing medical care for persons serving forced labor in correctional centers and propose measures to eliminate them.

Theoretical foundations. Methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem.

Results. Difficulties arise regarding the organization of access to highly specialized specialists, especially those located outside the territory where the correctional institution is located. Equalization of the procedure for seeking medical help along with non-convicted persons often simply leads to the fact that convicts do not receive it on time, on the appointed day of the doctor's appointment, for example, due to the presence of a long queue and the limited working hours of the doctor. The above facts allow the author to believe that there is an urgent need to introduce this type of medical worker into the staff of correctional institutions.

Conclusions. An important aspect today is the absence of prohibitions at the legislative level regarding the serving of sentences by persons with socially dangerous diseases, which poses a threat to the health and quality of life of both other persons sentenced to forced labor and employees of the above-mentioned correctional institutions. In addition, a negative state of health in itself hinders the quality of work, which contradicts the very essence of forced labor. Based on this, and based on the positive experience of some States, the author is convinced of the objective need to establish an appropriate prohibition at the legislative level. In addition, it is also legally necessary to determine which diseases are socially dangerous.

1. Kleshchina E. N. On some problems of the application of punishment in the form of forced labor and its preventive significance. Law and Legislation. 2024;(12):219–223. DOI: 10.24412/2073-3313-2024-12-219-223. (In Russ.)

2. Shcherbakova D. S. The influence of Nelson Mandela's rules on the medical care of those sentenced to forced labor. Penal Enforcement law. 2022;17(1-4)2:235–242. DOI: 10.33463/2687-122X.2022.17(1-4).2.235-242. (In Russ.)

3. Ugolkova E. I. The right of convicts to health protection and medical care: concept and content. Penal enforcement law. 2022;17(1-4)1:49–57. DOI: 10.33463/2687-122X.2022.17(1-4).1.049-057

4. Demidova O. V. Features of the penal enforcement legislation of the member states of the Commonwealth of Independent States. In: III International Penitentiary Forum "Crime, punishment, correction" : collection of theses, the ledge and the list of participants (Ryazan, November 21-23, 2017) : in 8 volumes. Ryazan: Academy of the Federal Penitentiary Service of Russia, 2017. Vol. 2 : Proceedings of the International Scientific and Practical Conference "Improving the norms of criminal and penal enforcement legislation".

5. Brilliantov A.V. Forced labor. Criminal law. 2023;(8):21–28. (In Russ.)

6. Pavlenko A. A. The state of health of convicts as an element of the procedure for involving them in labor in the countries of the Commonwealth of Independent States. Man: crime and punishment. 2020;28(1- 4)1:44–50. DOI: 10.33463/1999-9917.2020.28(1-4).1.044-050. (In Russ.)

7. Kazberov P. N. On some aspects and results of work on theoretical and conceptual support of the functioning of the psychological service of the Federal Penitentiary Service of Russia. Penal enforcement system: law, economics, management. 2022;(5):19-23. DOI: 10.18572/2072-4438-2022-5-19-23. (In Russ.)

8. Timofeeva E. A. The penitentiary system of the Shanghai region: features of personnel training and functioning. Penal enforcement system: law, economics, management. 2017;(4):28-32. DOI: 10.18572/2072-4438-2017-4-28-32. (In Russ.)