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Free legal aid in the penitentiary system: development prospects

Abstract

Introduction. Due to its importance, the institution of providing free legal aid to convicts is often discussed in scientific circles, but there are a number of issues that have not been legally regulated. They are related to the quality of its provision, territorial accessibility, and modernization of the service itself. In this regard, we would like to emphasize that legal aid is a more comprehensive concept, which includes legal education, which has not reached a new level in modern conditions of digitalization in places of detention.

Purpose. To describe the procedure for providing legal information to persons in institutions of the penal system, to formulate proposals for improving the effectiveness of legal assistance to convicts.

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. The existing information terminals of correctional institutions are often not connected to legal reference systems or are connected with minimal access. In such circumstances, convicts are limited in their right to access information of a legal nature, guaranteed in the basic law. It seems reasonable for persons who are in places of deprivation of liberty or who are being held in pre-trial detention facilities to have access not only to basic and mandatory legislation, but also to other regulations affecting: living conditions and medical care; labor activity (for convicts), etc.

Conclusions. An important issue is the availability of legal aid to convicts located in remote territories, where the nearest lawyers are located tens of kilometers away. The author believes that there is a practical need to provide free legal aid in a remote format, which should be provided by a correctional institution at the request of a convicted person.

About the Authors

D. S. Isakova
Federal Penitentiary Service of Russia for the Sakhalin Region
Russian Federation

Darya S. Isakova – Assistant to the Head of the Legal Work Department – Head of the Legal Service

Yuzhno-Sakhalinsk



N. A. Vasilenko
Rostov Institute (branch) of All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
Russian Federation

Natalia A. Vasilenko – Senior lecturer of the Department of Civil Law, Advocate

Rostov-on-Don



Yu. V. Goncharova
Rostov State University of Economics
Russian Federation

Yulia V. Goncharova – Cand. Sci. (Law), Associate Professor of the Department of Procedural Law

Rostov-on-Don



References

1. Maksimov V. Y. Legal aid to convicts and its role in correction. Young Scientist. 2020;48(338):287–290. (In Russ.)

2. Eremeeva A. A. Penitentiary social work for the restoration, maintenance and strengthening of social ties of convicts : abstract of the dissertation of the Candidate of Sociological Sciences :[Place of defense: FGAOU VO "National Research Nizhny Novgorod State University named after N. I. Lobachevsky"]. Nizhny Novgorod; 2022. 34 p. (In Russ.)

3. Troyan N. A. On the issue of providing free legal aid in the subjects of the Russian Federation. Law enforcement monitoring. 2020;2(35):59–64. (In Russ.)

4. Khvan T. S. On the accessibility of regulatory and legal information to persons detained in institutions of the penal system of the Russian Federation. Vedomosti of the Penal System. 2023;(12):38–48. (In Russ.).

5. Petrov O. V. On the problems of observing fundamental human rights and freedoms in places of deprivation of liberty in the Russian Federation. Criminological Journal. 2023;(4):114–119. (In Russ.). DOI: 10.24412/2687-0185-2023-4-114-119

6. Dunicheva T. A. The right of convicts to receive legal aid: subjects and features of implementation. Young Scientist. 2023;47(494):297–299. (In Russ.).

7. Kruglyakov S. V. On some issues of lawyers providing free legal aid: history and modernity. Eurasian Advocacy. 2024;4(69):38–46. (In Russ.). DOI: 10.52068/2304-9839_2024_69_4_38


Review

For citations:


Isakova D.S., Vasilenko N.A., Goncharova Yu.V. Free legal aid in the penitentiary system: development prospects. North Caucasus Legal Vestnik. 2025;(2):142-148. (In Russ.)

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ISSN 2074-7306 (Print)
ISSN 2687-0304 (Online)