THE POSSIBILITY OF APPLICATION OF MEDIATION IN THE PENAL SYSTEM
Journal: PENAL LAW
Volume 12 № 2
, 2017
Authors:
1.
Saratovskiy nacional'no-issledovatel'skiy gosudarstvennyy universitet imeni N. G. Chernyshevskogo
2.
Federal'nyy institut mediacii, g. Moskva
3.
Povolzhskaya semeynaya akademiya «UMAY», g. Kazan'
4.
Social'naya otkrytaya liniya, g. Moskva
Type:
Article
Pages:
from 216
to 221
Status:
Published
Received:
28.06.2017
Accepted:
28.06.2017
Published:
28.06.2017
Subject area:
UDK 159.9:343.8
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
penal system, convicted offenders, correctional institutions, conflicts, mediation, settlement, psychologists, poll, punishment, socialization
Abstract (English):
In July 2010, Russia adopted and now in effect the Federal law No. 193-FZ «On alternative procedure of dispute settlement with participation of mediator (mediation procedure)» (hereinafter - the Law on mediation), which regulates the relations connected with application of mediation procedure to disputes arising from civil relations [1]. Relations between prisoners serving sentences of deprivation of liberty in establishments criminally-Executive system, is also characterized by high conflict. However, neither the penal law nor the Law on mediation does not stipulate the conduct of mediation procedures in these institutions. The study group was planned and conducted pilot study possibilities of implementing mediation technologies in correctional institutions. The results of the conducted research allow to make conclusions about the presence of real possibility of introduction of mediation and restorative technologies in the work of correctional institutions of the Federal penitentiary service of Russia in a number of areas.The use of mediation and mediation technology as a supplementary tool to enhance the efficiency of educational work with prisoners, particularly in terms of reducing the conflict potential convicts.The use of mediation as a tool to respond to offences committed by convicts in a correctional facility that allows you to resolve the situation, avoiding further escalation.The introduction of the restorative approach as one of the methods of work of psychological service of the correctional institution for resocialization of prisoners.With this aim, the research team proposes to organize on the basis of the FPS one-two subjects of the Russian Federation of the pilot project for implementation of mediation in the activities of correctional institutions.The implementation of this research project will demonstrate the possibilities and limits of the use of mediation in the penal system, and its subsequent active implementation will not only be a way of increasing the effectiveness of correctional institutions, but also a tool for the humanization of punishment and socialization of the convicts.
In July 2010, Russia adopted and now in effect the Federal law No. 193-FZ «On alternative procedure of dispute settlement with participation of mediator (mediation procedure)» (hereinafter - the Law on mediation), which regulates the relations connected with application of mediation procedure to disputes arising from civil relations [1]. Relations between prisoners serving sentences of deprivation of liberty in establishments criminally-Executive system, is also characterized by high conflict. However, neither the penal law nor the Law on mediation does not stipulate the conduct of mediation procedures in these institutions. The study group was planned and conducted pilot study possibilities of implementing mediation technologies in correctional institutions. The results of the conducted research allow to make conclusions about the presence of real possibility of introduction of mediation and restorative technologies in the work of correctional institutions of the Federal penitentiary service of Russia in a number of areas.The use of mediation and mediation technology as a supplementary tool to enhance the efficiency of educational work with prisoners, particularly in terms of reducing the conflict potential convicts.The use of mediation as a tool to respond to offences committed by convicts in a correctional facility that allows you to resolve the situation, avoiding further escalation.The introduction of the restorative approach as one of the methods of work of psychological service of the correctional institution for resocialization of prisoners.With this aim, the research team proposes to organize on the basis of the FPS one-two subjects of the Russian Federation of the pilot project for implementation of mediation in the activities of correctional institutions.The implementation of this research project will demonstrate the possibilities and limits of the use of mediation in the penal system, and its subsequent active implementation will not only be a way of increasing the effectiveness of correctional institutions, but also a tool for the humanization of punishment and socialization of the convicts.
Keywords:
penal system, convicted offenders, correctional institutions, conflicts, mediation, settlement, psychologists, poll, punishment, socialization
penal system, convicted offenders, correctional institutions, conflicts, mediation, settlement, psychologists, poll, punishment, socialization
1. Ob al'ternativnoy procedure uregulirovaniya sporov s uchastiem posrednika (procedure mediacii) : feder. zakon ot 27 iyulya 2010 g. № 193-FZ (red. ot 23 iyulya 2013 g.) // Sobr. zakonodatel'stva Ros. Federacii. 2010. № 31. St. 4162
2. Ob utverzhdenii Koncepcii razvitiya ugolovno-ispolnitel'noy sistemy Rossiyskoy Federacii do 2020 goda : rasporyazhenie Pravitel'stva Rossiyskoy Federacii ot 14 oktyabrya 2010 g. № 1772-r // Sobr. zakonodatel'stva Ros. Federacii. 2010. № 43. St. 5544
3. Obscherossiyskiy grazhdanskiy forum. URL : http://2016.civil-forum.ru/ (data obrascheniya: 14.03.2017)
