The problems of implementing the principle of humanism in the activities of institutions and bodies executing criminal penalties in modern socio-legal conditions

Abstract

The principle of humanism as a constitutionally enshrined supreme value determines the essential characteristics of the modern criminal executive policy of the Russian Federation, causing the transformation of the penitentiary system from a predominantly punitive focus to a correctional and socio-rehabilitative one. In the context of the contradictory development of legislation that consistently expands the guarantees of the rights of convicts through regulations on the mitigation of the conditions of serving sentences, the development of alternative forms of punishment, the improvement of the institution of parole, and the introduction of a probation system, the law enforcement practice of institutions and bodies for the execution of sentences reveals significant discrepancies with the declared standards. Systemic problems manifest themselves in inadequate conditions of detention, including overcrowding in pre-trial detention facilities, despite the fact that the living space standards meet international requirements, a chronic shortage of qualified medical care, a lack of material and technical resources, and a limited range of services, as well as cases of unlawful use of physical force, special equipment, and disciplinary measures, as evidenced by court cases and public oversight. The issues of a differentiated approach to certain categories of convicts, such as minors, women with young children, the elderly, the disabled, and individuals with mental disorders, are particularly acute. The organizational difficulties of transportation and the lack of specialized facilities in the regions hinder the preservation of socially useful connections and the implementation of the principle of serving punishment near the place of residence. The analysis covers the employment of convicts as a constitutional right, which is implemented in specific forms, where low wages and unsafe working conditions create barriers to reintegration. The analysis also covers the staffing of the Federal Penitentiary Service, which is characterized by high turnover rates, insufficient social protection, and emotional stress among employees. Additionally, the analysis explores the potential of digitalization to enhance transparency through electronic document management, video surveillance, and monitoring tools, while also addressing the risks associated with information security. Considerable attention is paid to socio-psychological and educational work, religious activity as a factor of spiritual and moral development, the institution of pardon, interaction with relatives of convicts, and the role of public control, including the activities of human rights commissioners and monitoring commissions. The consideration of international standards of treatment of prisoners in their universal dimension makes it possible to identify reserves for further humanization through the development of alternative sanctions, improvement of organizational and managerial mechanisms, strengthening of interdepartmental cooperation, and consistent overcoming of the gap between regulatory provisions and the daily practice of executing sentences. The presented analysis contributes to establishing the main content of the study, assessing its significance for lawmaking, law enforcement, and scientific discourse in the field of penal law, providing grounds for determining the relevance of the full text of the article in information retrieval systems.