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Section 6. Economics and management Секция 6. Экономика и управление
Goncharenko Oksana Grigorievna, Chernihiv Law College of the State Penitentiary Service of Ukraine, Ph. D., Economic Sciences, Assistant Professor, the chief of a cycle of humanitarian and social-economic disciplines E-mail: gusochka2004@mail.ru
International practice of production organizing in penitentiary systems
Abstract: The article studies the approaches to punishment goals definition in different penitentiary systems and the necessity of production organizing in penal institutions for convicts’ labor use. The international experience in the field of convicts’ labor organizing, foreign practice of production organizing, spheres and forms of convicts’ labor activity and their labor payment peculiarities are shown. The similarity of approaches to punishment goals definition in all penitentiary systems is proved.
Key words: penal institutions, convicts’ labor activity, production complex, production organizing, social and useful labour.
Penitentiary institutions activity is going on under conditions of the prolonged both social, political and economic crisis. The process of making and developing the penitentiary systems of Ukraine has some common traits with the history of the penitentiary systems creation and activity abroad and functioning of the production complex in the State criminal and executive service of Ukraine is identical with the same complex abroad. The analysis of the penitentiary institutions legal status and organizing of the convicts’ labor abroad will make it possible to correct the modernization trends in Ukrainian criminal and executive system.
It was found that on the boundary of the 3rd millennium the problems of the convicts detention in penal institutions abroad, the treatment of offenders’ standards, providing convicts with social work had not been studied enough.
This situation was caused by the fact that the Soviet legal system was considered to be the best of other ones at Soviet times and the international standards could be recognized if only they were identical with the Soviet legal standards. A new extreme
tendency appeared after Soviet times, it means that universally recognized principles and standards of the internationals law and the Ukrainian international treaties are not only part of the Ukrainian legal system but they prevail over its national standards.
The European penitentiary departments have formulated the goals and tasks of their activity and have sealed them in the documents which are called. „The Declarations of mission”. For example the English and Welsh penitentiary system mission is defined in the following way: „to be devoted to the service of the society isolating the convicts by the Court order, to be human to the convicts being under supervision, help them to live a useful life and to observe the law both in prison and after release”. In Sweden that is „giving help to criminals in their resocialization and lessening of ruinous influence of imprisonment upon the personality”. The „Israel prison system does its best to provide isolation of convicts, ensures their security so that they couldn’t be a danger to the society, helps the convicts in their reformation and prepares them for “safe release” [5, 98].
“The Scottish penitentiary system mission is to keep in custody those convicts who have been sentenced to this penalty, to maintain order in prisons, to take human care of the convicts to give them the opportunity to develop personal responsibility and to prepare them for release ” [3, 27].
It should be marked that in Europe and Japan the inmates both in social groups and individuals are the objects for scientific researches on „making the social life better”. The society, legislative and executive power have determined to release the law-abiding citizens who are able to earn their living in a lawful way and they consider this goal to be of great importance as a result of the penitentiary systems activity. The state plays the main role in performing the tasks set by the international organizations in following high standards of punishment. The governments and local authorities of countries bear great expenses of penal institutions management. Un the USA two thirds ofthe expenses are met by these sources, in Austria — 80-85 percent are met, in Germany — 85 percent, in Finland — 78 percent etc .[4, 87]. The rest of the expenses are met by the convicts’ labor activity.
In most countries local bodies of state power and penal institutions bring in convicts to labor for the reason of penitentiary systems decentralizations. Only in the USA there is Corrections Corporation of America (CCA) for this purpose.
It should be specially marked that the task of economic self-repayment of these systems both in the whole and of some institutions at the expense of convicts’ labor use is not set in any country. Such approach corresponds to Article 72 „Minimum standard rules,” paragraph 72.2 of European penitentiary rules which state that convicts’ labor cannot be aimed at getting profit. Convicts’ labor use in consumer goods production and work is traditionally considered unprofitable from the economic point of view but in some countries such as the USA, Germany, Japan it is considered profitable.
At the same time convicts’ labor activity is stated obligatory in all international documents and is acknowledged by the penitentiary systems of many countries but professional training can be its alternative. Special attention is paid to the fact that „the job which should be usually done by the person held in isolation or on probation is not considered forced or compulsory"
While organizing convicts’ labor activity their personal abilities, practical interrelation with life perspectives (personal rehabilitation programmes) and severity of a crime are taken into account. Convicts’ labor activity in prisons is considered to be a strong means of their rehabilitation which ensures labor skills keeping up while in custody and which gives the possibility to master new j obs required at the labor market after release. Convicts’ taking part in material goods production makes it possible to earn money while in custody that enables to compensate partly expenses for their keeping in prison.
The analysis of the international practice of convicts’ labor use has definite fields of implementation and reflects the peculiarities of every country. The advantage of convicts’ man power is its relative cheapness and workers’ discipline. In most countries lowered wages rate is used to pay convicts’ labor. In special literature it is called as «employers’ risk value who deal with prisoners and it can be explained as special expenditures for perfecting» the production by the firm.
Penitentiary systems activities in using convicts’ labor and employment organizing have common traits but there are their own peculiarities in every country.
To begin with let’s discuss the penitentiary system ofthe USA which is the largest one in the world (in 2008 the number of inmates per 100 thousand people was 751, in Russia it was 609, in Ukraine it was 355, in England it was 151, in Germany it was 88, in Sweden it was 79, in Japan it was 63. The average indicator for all countries is 125 people) [3, 27].
The penitentiary systems activity of the states which originated after the USSR decay is still closed for researches and the current information is of from time to time character. In spite of this we can say that these states have the same problems connected with limited financial possibilities: budget financing of the penitentiary systems varies from 40 percent to 60 percent of their real needs.
The problem of extra financial costs attracting for penitentiary systems functioning in different countries is done in various ways. For instance, in Latvia private prisons are being built, in some countries production is organized in correctional institutions or convicts do contractor jobs. But market demand for goods produced by convicts is very limited. Production organizing in institutions is complicated as morally and physically out-of-date equipment left from the time of the USSR is used. The state assistance is often realized through the systems of orders for law enforcement bodies uniform and shoes making. It can be pointed out that there are numerous scandals, frauds and corrupt practices connected both with prison systems activity and orders for goods and services on the productions territories in Ukraine, Kazakhstan,
and Uzbekistan. In these cases convicts’ labor is not much of rehabilitation and therapy character as connected with penitentiary systems profits [2, 97].
The highest index of convicts’ labor use is 60 percent in Belarus where production in prisons is under the state control. Convicts’ labor use in Latvia is 40 percent, in Estonia it is 26 percent, in Lithuania it is 32 percent, in Kazakhstan it is 30 percent, in Kyrgyzstan it is 23 percent, in Tajikistan — only 12 percent. Professional training is an alternative to convicts’ labor activity practically in all countries. All countries follow international standards in convicts’ treatment and their rights [2, 129].
So the analysis has shown the similarity of approaches to punishment goals definition in all penitentiary systems mentioned above and the necessity of production organizing in penal institutions for convicts’ labor use but the practice of production organizing, spheres and forms of convicts’ labor activity and their labor payment have specific peculiarities. Penitentiary systems abroad have been formed taking into account historical peculiarities in the development of each state. It is necessary to point out the fact that legal regulation of modern penitentiary systems takes into account the international norms which define treatment of convicts and the international documents which regulate both the confinement in the whole and the organization of convicts’ labor. Penitentiary systems of different states have much common in the sphere of convicts’ labor organizing. Almost in all countries labor and professional training are defined by the main means in fighting with reconvicted criminality.
Integration of Ukraine into the European community provides for arranging penal systems in accordance with the international standards. The important part is given to the international experience in the field of convicts’ labor organizing.
Taking account modern conditions of national correctional institutions functioning while organizing their labor activity one can use:
1. The development of owners’ interest in convicts’ labor use at their enterprises giving them tax concessions and state orders;
2. Signing contracts between corrective colonies and owners on convicts’ labor use;
3. Signing contracts’ with owners on convicts’ professional training to get a certificate and be able to work after release;
4. Developing and implementing educational programmes in social rehabilitation centers to get professional knowledge, skills and basic job experience.
References:
1. Andreev N. A. Resocialization of convicts’ in penal institutions ofthe FRG (social and psychological aspect). - M., 2001.
2. Dotter-Shuller K. Prison systems in Austria//Social and legal problems of foreign penal science and practice: the materials of the international scientific and practical conference. - M., 2004.
3. Emelyanova E. V. The international experience of convicts’ bringing in to labor and the possibility of its use in the national penitentiary system//The issue of Vladimir Law institute. - 2008. - № 4 (9). - p. 26-31.
4. The penitentiary systems of foreign countries/compiler: V. I. Gurzhiy, M. P. Me-lentye. - Kiev, 1993.
5. Struchkov N. A. Punishment in capitalist countries (England, the FRG). - M., 1978. - Ed. 2.
Dobuliak Lesia Petrovna, Assistant, the faculty of applied mathematics and informatics,
Tsehelyk Hryhorij Hryhorovych, Professor, Doctor of Physical and Mathematical Sciences Lviv national university named by Ivan Franko E-mail: lucanlesia@gmail.com
Actual problems of small businesses in Ukraine
Abstract: The article emphasizes the importance of small businesses to the transition economy of Ukraine. The main attention is paid to describe the obstacles that interfere with normal functioning and future development of small businesses.
Keywords: small business, tax system, the shadow economy, access to credit.
Добуляк Леся Петровна, Ассистент, факультет прикладной математики и информатики Цегелик Григорий Григорьевич, Профессор, доктор физико-математических наук, Львовский национальный университет имени Ивана Франко
E-mail: lucanlesia@gmail.com
Проблемы развития малого предпринимательства в Украине
Аннотация: В статье подчеркивается важность роли малого бизнеса для переходной экономики Украины. Основное внимание уделено описанию препятствий, которые мешают нормальному функционированию и перспективному развитию малых предпринимательских структур.
Ключевые слова: малое предпринимательство, налоговая система, теневая экономика, доступ к кредитам.
