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47УДК 159.9:343.8
DOI 10.33463/0000-0000.2020.02(1 -3).1.027-045 Pastushenya A. N. Пастушеня А. Н.
PSYCHOLOGICAL CONCEPT OF THE CONVICT'S READINESS FOR A LAW-ABIDING LIFESTYLE
ПСИХОЛОГИЧЕСКАЯ КОНЦЕПЦИЯ ГОТОВНОСТИ ОСУЖДЕННОГО К ПРАВОПОСЛУШНОМУ ОБРАЗУ ЖИЗНИ
Abstract. The article presents the concept of readiness of the convict's personality for a law-abiding lifestyle, the provisions of which provide theoretical grounds for diagnosing such readiness and determining the system of psychological and pedagogical tasks for its formation in the correctional process. The concept provides a general understanding and the main components of the personality's readiness for a law-abiding lifestyle; the spheres of life activity, in relation to which it should be formed; a system of psychological properties that form it, that are essential in determining law-abiding behavior and lifestyle in general. The author comes to the conclusion that the readiness of the convicted person to a law-abiding lifestyle is a system of psychological characteristics of the person, which act as internal prerequisites for the implementation of socially adapted life activities, preventing illegal acts. It is possible to distinguish three main components: 1) motivational-volitional attitude to lead a law-abiding lifestyle, which is the presence of desires to establish such a lifestyle, combined with volitional attitudes to implement them, observing self-discipline; 2) preparation for the legitimate solution of life's problems, ensuring the satisfaction of their needs and legitimate interests as a system of evaluation and guidance ideas, labor and social knowledge, skills and abilities; 3) anti-criminal stability, which expresses the rejection of illegal ways of action and the ability to resist criminal influences and circumstances. The main areas of life, in relation to which it is necessary to form a readiness to act lawfully and be socially adapted, are: the sphere of material support of life; the sphere of interaction with other people; the sphere of performance of legally established duties; the sphere of leisure and entertainment. In relation to each area, it is necessary to form not only readiness for law-abiding behavior and solving life's problems in a legal way, but also stability against committing illegal and deviant acts that carry the risk of committing such acts. The psychological essence of the convict's readiness for a law-abiding lifestyle is a system of psychological characteristics of the personality that are essential in determining law-abiding life in conditions of freedom.
Keywords: readiness of the convicted person for a law-abiding lifestyle, personality of the convict, correction of convicts, psychological properties of the convict's personality,
© Pastushenya A. N., 2020 © Пастушеня А. Н., 2020
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social readaptation of convicts, evaluation of the results of convicts' correction, psychological and pedagogical tasks in convicts' correction.
Аннотация. В представленной статье излагается концепция готовности личности осужденного к правопослушному образу жизни, положения которой дают теоретические основания для диагностики такой готовности и определения системы психолого-педагогических задач по ее формированию в исправительном процессе. В концепции представлено общее понимание и основные составляющие готовности личности к правопослушному образу жизни; сферы жизнедеятельности, применительно к которым она должна быть сформирована; система образующих ее психологических свойств, существенных в детерминации правомерного поведения и образа жизни в целом. Автор приходит к выводу о том, что готовность осужденного к правопослушному образу жизни представляет собой систему психологических свойств личности, которые выступают внутренними предпосылками осуществления социально адаптированной жизнедеятельности, не допуская противоправных деяний. В ней можно выделить три основные составляющие: 1) мотивационно-волевая настроенность вести правопослушный образ жизни, представляющая собой наличие стремлений наладить такой образ жизни, сочетаемых с волевыми установками их реализовать, соблюдая самодисциплину; 2) подготовленность к правомерному решению жизненных задач, обеспечению удовлетворения своих потребностей и законных интересов как система оценочных и руководящих представлений, трудовых и социальных знаний, умений и способностей; 3) антикриминальная устойчивость, выражающая неприятие противоправных способов действий и установку противостоять криминогенным воздействиям и обстоятельствам. Основными сферами жизнедеятельности, применительно к которым необходимо формирование готовности действовать правомерно и социально адаптированно являются: сфера материального обеспечения жизни; сфера взаимодействия с другими людьми; сфера исполнения юридически установленных обязанностей; сфера досуга и развлечений. Применительно к каждой сфере необходимо формирование не только готовности к правомерному поведению и решению жизненных задач законным способом, но и устойчивость против совершения противоправных деяний и девиантных поступков, несущих риск совершения таких деяний. Психологическая сущность готовности осужденного к правопослушному образу жизни представляет собой систему психологических свойств личности, выступающих существенными в детерминации правопослуш-ной жизнедеятельности в условиях свободы.
Ключевые слова: готовность осужденного к правопослушному образу жизни, личность осужденного, исправление осужденных, психологические свойства личности осужденных, социальная реадаптация осужденных, оценка результатов исправления осужденных, психолого-педагогические задачи в исправлении сужденных.
Information about author / Сведения об авторе
Aleksandr Nikolaevich Pastushenya, DSc (Psychology), Professor, professor of psychology and pedagogy department, Academy of the Ministry of Internal Affairs of the Republic of Belarus, Minsk, Republic of Belarus, ORCID 0000-0003-3076-8005, е-mail: [email protected].
Александр Николаевич Пастушеня, доктор психологических наук, профессор, профессор кафедры психологии и педагогики, Академия Министерства внутренних дел Республики Беларусь, г. Минск, Республика Беларусь, ORCID 0000-00033076-8005, е-mail: [email protected].
Recommended citation / Для цитирования
Pastushenya, A. N. 2020, 'Psychological concept of the convict's readiness for a law-abiding lifestyle', International penitentiary journal, vol. 2(1-3), iss. 1, pp. 27-45, doi: 10.33463/0000-0000.2020.02(1-3).1.027-045.
Пастушеня, А. Н. Психологическая концепция готовности осужденного к правопослушному образу жизни / А. Н. Пастушеня // Международный пенитенциарный журнал. - 2020. - Т. 2(1-3), № 1. - С. 27-45. - DOI : 10.33463/0000-0000.2020.02(1-3).1. 027-045.
Introduction
In modern domestic and foreign Criminal and Penal legislation, one of the main tasks of applying criminal liability measures is the correction of convicts. According to the logic of legal regulation such a task should include definition of the nature of convicts' correction, evaluation of use of correctional objectives, its legal implications, which include the possibility of applying to convicts the institutions of a progressive system of punishment and the necessity of applying preventive measures after serving their sentences.
In the Penal Code of Belarus (hereinafter -PC of Belarus) this logic of the legal regulation is implemented sufficiently in respect to the penalty of liberty deprivation by definition of convicts' correction, establishment of degree of correction, determining evaluation criteria, making the degree of correction as legal grounds to apply to the convict of institutions of the progressive system of punishments execution (transfer to better conditions of detention, transfer to a facility with a lenient regime of detention, replacement of the unserved part of the sentence with a lenient punishment, parole). Correction of convicted persons is legally defined in Part 1 of Article 7 of PC of Belarus as follows: "The correction of convicts is the formation of their readiness to lead a law-abiding lifestyle." This definition is the most correct at the legislative level, since the use of the concept of "readiness of personality" expresses a systematic personal predisposition to law-abiding life. The assessment of the correction effectiveness is based on a differentiation similar to that which was inherent in the Soviet legislation and has shown its practical expediency. It provides three degrees of correction: 1) took the path of correction; 2) firmly took the path of correction; 3) proved his correction. In Article 116 of PC of Belarus criteria are given for three degrees of convicts' correction, which reflect compliance with the regime of serving a sentence, an official written expression of their desire for law-abiding behavior, attitude to work and
training, participation in other useful activities, measures taken to compensate for the damage caused by their crimes. These behavioral and activity criteria are the starting point for evaluating the degree of convict's correction. The essence of such an assessment, which reflects the real degree of readiness of the convicted person for a law-abiding lifestyle, is determined by studying his personality, taking into account a scientifically based understanding of such readiness and a valid methodology for evaluating it. Understanding the readiness for a law-abiding lifestyle is also necessary to determine the system of psychological and pedagogical tasks for its formation.
In this regard, the initial scientific task is to develop a concept of the convict's readiness for law-abiding lifestyle, the content of which should reflect psychological knowledge that reveals the main sides and components of such readiness, its possible types and degrees of maturity. This scientific explanation is intended to answer the most important question in the correctional process: what needs to be formed in the convict's personality to implement his correction - to ensure the specified readiness. This explanation also serves as the basis for creating a method of predictive assessment of the convict's personality, which is necessary for making legal decisions on the use of institutions for commuting a sentence to a more lenient one and parole, as well as decisions on the use of preventive measures after serving a sentence.
The scientific and practical significance of such a psychological concept of the convict's readiness for a law-abiding lifestyle is high. Its initial development was carried out by us in 2001 as a structural and functional model of such readiness (Pastushenya, A. N. 2003). It is the basis of the correctional process in institutions that execute deprivation and restriction of liberty in Belarus, and it has now been supplemented and provided with methodological support for practical implementation. It has been introduced into the educational process for training employees of
the Penal system of Belarus as one of the basic theoretical and applied knowledge complexes. At the same time, it remains relevant to enrich this concept with new scientific data that deepen the understanding of the essence and phenomenology of a person's readiness for a law-abiding lifestyle, criteria for its assessment and psychological and pedagogical means of formation in the process of punishments execution.
The development of the concept of personal readiness for a law-abiding lifestyle was based on the knowledge presented in various historical periods of the development of national penitentiary psychology, which was comprehensively described in scientific and educational literature by M. N. Gernet (1930), S. V. Poznyshev (2011), K. K Platonov,
A. D. Glotochkin, V. F. Pirozhkov (1974), V. G. Deev, A. I. Papkin (1985), A. I. Ushatikov,
B. B. Kazak (2001), V. M. Pozdnyakov (2000), V. G. Stukanov (2014). At the same time, these authors did not set and did not implement the task of explaining the result in the correction of the personality, which must be sought, without understanding which it is impossible to determine the specific psychological and pedagogical tasks of the process of its correction, to assess the degree of their solution.
It should be noted that the scientific explanation of a person's readiness for a law-abiding lifestyle is inseparable from the conceptual understanding of the opposite phenomenon - personal prerequisites for illegal behavior as a relatively integral set of criminogenic psychological properties. In the correctional process, criminogenic properties must not only be eliminated, but also replaced with positive personality properties that form the internal potential of law-abiding lifestyle. The hierarchically organized set of criminogenic properties of the personality, which are functionally realized in the mental activity that determines criminal behavior, is revealed by us in the concept of criminogenic personality (Pastushenya, A. N. 1998).
Research tasks
The development of the concept of personal readiness for a law-abiding lifestyle has a number of tasks. Firstly, the definition of the main components of a person's readiness for a law-abiding lifestyle, taking into account their functions in determining a law-abiding lifestyle. Secondly, the justification of the spheres of life of a person released from a correctional institution, in which he will carry out legally significant behavior (correlated with the criminal law ban), in relation to which it is necessary to form such a readiness, including the ability to carry out social readaptation. Thirdly, the disclosure of the psychological structure of such readiness as a system of psychological properties those act as personal prerequisites for law-abiding behavior, labor and other useful activities that form a way of life in general, including properties that provide anti-criminal stability. Fourthly, identification of possible types of personal prerequisites for socio-legal orientation of behavior and lifestyle in the range from criminogenic to law-abiding.
Theoretical, methodological bases and research methods
The development of the concept of personal readiness for a law-abiding lifestyle presented in the article was based on the methods of theoretical and empirical research. The methods of theoretical research were logical and deductive transition from general theoretical and methodological provisions on mental activity that determines socially significant activities and behavior of a person to the explanation of personal determination of criminal behavior. As such general provisions, the principles of determinism in psychology (S. L. Rubinshteyn (2003), A. Bandura (2000), A. N. Leont'ev (2005), B. F. Lomov (1989), and other) and consistency in the disclosure of mental phenomena, personal and subjective approaches were used (B. G. Anan'ev (2001), A. V. Petrovskiy (1998), A. V. Brushlinskiy (2003), A. G. Asmolov (2001) and other), as well as the provisions of theories of mental activity that determines behavior, and its level
structure (Lomov, B. F. 2006; Ponomarev, Ya. A. 1983; Pastushenya, A. N. 2010). Along with relying on the provisions of these general principles and approaches for psychological science, theoretical and methodological developments of specialists in the field of criminology and criminal psychology were used (V. N. Kudryavtsev (1998), S. V. Poznyshev (2010), A. R. Ratinov (1979)).
The empirical research was focused, on the one hand, on the analysis of personal reasons for criminal behavior, on the other -on the correlation of data on the degree of formation and content of various personal prerequisites for social readaptation of prisoners released from punishment (according to a structured psychological characteristic) with its effectiveness based on data, based on data provided by Internal Affairs officers who perform preventive work with released persons on their behavior in such parameters as the absence (presence) of offenses, the implementation of labor activities (evasion from it), prevention of alcohol or drug abuse (or the reverse phenomenon). The study of the degree of expression of personal prerequisites for criminal behavior was based on the use of criminogenetic analysis of the biography of persons who committed crimes, as well as the projective method during conducting interviews and in other variants of diagnostic procedures. The method of monitoring the behavior of convicts while serving their sentences, as well as independent expert assessments of employees and people, who know the subjects well, was also used. An empirical study aimed at substantiating the psychological structure of a person's readiness for a law-abiding lifestyle, at the first stage, was based on expert conclusions of psychologists and the most trained staff-educators of correctional institutions, who have significant experience in predictive assessment of the person and information about the results of their social readaptation. We also studied the expert assessments of these categories of employees who worked with convicts-recidivists on the
personal factors of committing crimes after serving their sentences. At the second stage of the empirical study, psychologists carried out a predictive assessment of convicts in accordance with the structural model of personal's readiness for a law-abiding lifestyle, created on the basis of logical and theoretical analysis and generalization, taking into account the data obtained at the first stage of the empirical study. Objective information about the results of social readaptation of persons released from correctional institutions was tracked and compared with predictive data. This work formed the predictive experience of psychologists and staff educators. On this basis, the used model of readiness for a law-abiding lifestyle was worked out with them, with its adjustment.
Results and discussion
The concept and main components of a person's readiness for a law-abiding lifestyle
The readiness of a person to a law-abiding lifestyle is a system of psychological characteristics of the individual, which are internal prerequisites for the implementation of socially adapted life activities, preventing illegal acts. The used concept of "lifestyle" expresses the established forms of individual life activity of a person, covering work, life, study, family functions, social interaction, spending free time and other possible spheres of life and social functions. It is necessary to note a number of significant characteristics in understanding the readiness of the convicted person for a law-abiding lifestyle.
Firstly, the convict's readiness for a law-abiding lifestyle is considered as a stable predisposition to such a lifestyle, which is characteristic of personal education in contrast to the situational state that expresses the desire to build a lawful life, which may arise as a result of certain events and influences, but does not have the stability necessary for establishing and stable implementation of the correct way of life.
Secondly, such readiness should be formed in relation to the actual social conditions of a person's life after his release from a correctional institution where he lived under the management and control of the administration and, depending on the conditions of detention, had certain benefits for life. After release from a correctional facility, prisoners will return to various social conditions that provide objective opportunities for law-abiding social readaptation, including conditions and influences that make it difficult. These social conditions relate to the availability of a place of residence, employment opportunities, the nature of the influence of the immediate social environment, the availability of preventive control, patronage, etc.
Thirdly, readiness for a law-abiding lifestyle includes a number of key aspects. In its most general form, it represents an internal necessity and an opportunity to lawfully carry out one's life activities. Internal necessity means the presence of desires combined with volitional efforts to lead a law-abiding lifestyle, which is a motivational and volitional component of readiness. The desire to act lawfully is the main internal condition not only for the law-abiding behavior of the individual, but also for his personal development as a subject of such behavior, increasing readiness for such behavior and for legitimate life in general. This desire is based on a positive personal sense of a law-abiding lifestyle with its inherent benefits, which should clearly prevail in the mind over the difficulties and limitations inherent in such a life. Along with the desire to carry out life activities without committing illegal acts, the determination to make efforts to overcome difficulties and negative temptations is necessary, which expresses the volitional component of internal necessity. The desires to lead a law-abiding lifestyle should be specified in life plans and personally acceptable ways of solving life problems, including overcoming difficulties, as well as criminal circumstances and influences.
The internal ability to lead a law-abiding lifestyle is expressed in the presence of correct goal-oriented ideas and skills to legally solve various life tasks, ensuring the satisfaction of their needs and legitimate interests in various situations, including problematic ones, in a legal way. This internal capability includes general social adaptation abilities, as well as a set of labor and social skills. General abilities for social adaptation allow you to adequately implement the situation and real personal opportunities necessary for normal life functions, including building interaction and communication with other people, observing moral rules and controlling your negative impulses. Labor skills are expressed in the presence of a specialty and readiness to observe labor discipline. Such person also needs skills for everyday work and self-sufficiency, normal interaction with other people in various types of circumstances.
These components could be considered as quite fully forming the readiness of the person for a law-abiding lifestyle. However, correctional practice shows that there is a need to form a special personal quality that ensures the stability of the individual against the influence of criminal factors, which we called "anti-criminal stability of the personality" (Pastushenya, A. N. 2013). This quality has a specific feature that distinguishes it from the above, and its formation requires special work in the correctional process. Anti-criminal stability of the personality is expressed in the rejection of illegal behavior and in the ability to resist the influence of criminal factors of external and internal kind. In its absence, a person can behave lawfully in normal social conditions, but under the influence of criminal circumstances, he may commit an illegal act. These circumstances are expressed in the absence of a real opportunity to provide material or other vital needs in a legal way, or they represent the influence of significant persons who incite to commit crimes, or they are expressed in the actions of other persons who provoke criminal motives (insults on
their part, humiliating treatment, threats, etc.). It is also possible to influence internal criminogenic factors in the form of actualization of residual phenomena of criminogenic drives and criminal behavioral attitudes (habits, stereotypes).
Thus, a person's readiness for a law-abiding lifestyle can be represented as a set of several aspects:
motivational-volitional attitude to lead a law-abiding lifestyle expresses the presence of aspirations and will mobilization to establish and constantly implement law-abiding life activities, while making efforts to overcome difficulties and ensure self-discipline, including avoiding compliance to temptations and negative emotional impulses, as well as specific life plans;
readiness for social adaptation and conducting law-abiding lifestyle, which expresses the presence of a system of personal principles and rules of law-abiding behavior in various spheres of life, in relation to various social functions and roles, as well as general abilities for normal social adaptation and a complex of labor, social knowledge, skills and abilities;
anti-criminal stability of the individual expresses rejection of illegal ways of action, determination and ability to resist external and internal criminal factors.
Thus, a person who is ready for a law-abiding lifestyle wants and knows how to use legitimate ways of action, at the same time rejects illegal ways and is able to resist criminal influences. In this set of components, the basic meaning is the desire to live and act lawfully. It is based on the positive personal meaning of such behavior and provides the basis for internal acceptance of the rules of lawful behavior and the development of appropriate skills. Along with the desire to behave lawfully, there must be an effort of the will to overcome difficulties and their own negative motives, which require volitional properties of the person as stable phenomena that can be considered volitional attitudes.
The main areas of life that require the formation of readiness for law-abiding behavior
Readiness for a law-abiding lifestyle should cover a number of areas of life in which a person performs legally significant behavior, performs social functions and legally established duties in accordance with their legal status. These areas should include: 1) the sphere of material support of life; 2) the sphere of interaction with other people; 3) the sphere of leisure and entertainment; 4) the sphere of performance of legally established duties corresponding to criminal liability.
Readiness for lawful behavior in the sphere of material security of life is expressed in the fact that the convicted person has sufficiently mature intentions and skills to lawfully, on the basis of work, ensure the satisfaction of their material needs (claims) in housing, food, clothing, household items and other goods. At the same time, the convicted person must measure his material claims with real legal possibilities for their satisfaction. Along with this, he must have anti-criminal resistance against the use of illegal ways to meet material needs, that is, against the commission of mercenary (self-serving and violent) crimes.
Readiness for lawful behavior in the sphere of interaction with other people, including family members, consists in the fact that the convicted person must be committed to lawful behavior that does not create criminal conflict situations and be resistant to committing unlawful violence and other illegal actions against other people and social subjects when interacting with them and defending his interests.
Speaking about readiness for lawful behavior in the sphere of leisure and entertainment, it should be noted that recreation and entertainment are an integral part of any person's life. The nature of needs and behaviors in this area depends significantly on individual culture and social traditions and affects legally significant behavior. Positive position in the field of leisure and entertainment, suitable lawful oriented lifestyle is reflected in the fact
that people tend to use personal useful forms of satisfaction in leisure and entertainment, is configured to prevent a legally punishable entertainments and drunkenness, drug use and other immoral forms, which, although not related to illegal acts, but involve a risk of their commission. So, if a person drinks, it negatively affects their work, family life, relationships with decent people, causes deviant behavior. He loses self-control, willpower for useful activity and conducting a law-abiding lifestyle. All this leads to the loss of socially useful functions and relationships, significantly increases the risk of criminal breakdown. The same applies to drug use.
Readiness to behave lawfully in the sphere of duties related to legal responsibility concerns the performance of duties for the material support of children (or other persons), as well as duties determined by the legal status of the person. This readiness should be formed in convicts who have and will have the specified duties. It expresses its determination to make efforts to fulfill these obligations (to work systematically to fulfill material obligations and rationally use the remaining funds to ensure their lives), as well as to prevent violations of the established prohibitions, constructively and lawfully build interaction with persons who exercise control and official functions to ensure the performance of these duties. Resistance against evasion of such duties is expressed in the recognition of personal responsibility for their occurrence, as well as in the strong-willed determination to overcome difficulties in their implementation, without succumbing to demotivating external influences and their own impulses.
The presented spheres of life concern the prevention of "basic" types of crimes: mercenary (including self-serving and violent, economic, corruption); violent (including hooliganism and other actions that harm law enforcement social values); related to the use of drugs, depraved and other illegal actions aimed at satisfying hedonistic needs; in the form of evading material support for children
and performing other duties related to the legal status of a person.
Psychological essence of the convict's readiness for law-abiding lifestyle
The scientific concept of readiness for law-abiding lifestyle should be acceptable for practical use: it should provide theoretical bases for diagnosing the degree of its formation with a predictive assessment of social and legal behavior after the release of a convicted person from prison or restriction of liberty, as well as for determining specific psychological and pedagogical tasks for its formation. Such a concept of readiness for law-abiding lifestyle can be formed on the basis of its structural and functional model, which defines a system of psychological properties that are essential in determining law-abiding behavior in the main spheres of human life. The criterion for grouping them in this model is their relation to the above components of readiness for law-abiding lifestyle and functional uniformity. The selection of psychological properties in the structure of readiness for law-abiding lifestyle was carried out taking into account the general psychological model of personality, which identifies the properties that determine the social orientation of human behavior and its individual characteristics due to personal experience. We also took into account the differentiation of psychological properties that perform the necessary functions at different levels of mental activity that determine socially significant activity: consciously-intellectual (based on awareness, reasonable calculation and choice), emotional (under the influence of emotions and sensory relationships), subconsciously-impulsive (due to habits, protective attitudes, desires, etc.). When selecting and structuring the properties that form a person's readiness for law-abiding lifestyle, the researchers took into account the significance of individual properties in the correction of convicts: life plans of convicts (V. G. Deev, M. G. Debol'skiy), value orientation (V. F. Pirozhkov), volitional properties (A. I. Ushatikov), professional readiness
(N. A. Tyugaeva). We also took into account a set of properties that Express personal prerequisites for criminal behavior (Stukanov, V. G. 2014), the understanding of which allows us to determine their alternatives, which express the anti-criminal stability of the individual. These properties include personal norms of behavior, social and legal expectations, values and anti-values of the individual, properties of the I-image as a subject of social and legal behavior. When building a structural and functional model of readiness for law-abiding lifestyle, it is advisable to ensure that its description is optimal in terms of the sequence of formation of structural components in the correctional process.
Based on these assumptions, logical modeling was performed and a psychological structural and functional model of the convict's readiness for law-abiding lifestyle was formulated, which includes the following substructures:
1) meaning-forming personal values, related needs and claims that determine the desire to lead a law-abiding lifestyle, as well as anti-values that determine the negative meaning of illegal behavior and associated lifestyle, strong-willed determination not to allow it;
2) social and legal expectations that determine the belief in the possibility of establishing a law-abiding lifestyle and the implementation of its values, as well as confidence in the inevitability of punishment and life losses in the case of committing illegal acts and leading a lifestyle that leads to the commission of such acts;
3) ideas-attitudes about the proper way of life with its inherent activities and social functions, based on them, life plans for establishing such a life with overcoming possible difficulties, coupled with a strong-willed determination to implement them;
3) legitimate personal norms of behavior that cover all areas of life, ways to implement personal values and meet needs, as well as ideas about personal qualities that need to be shown;
5) labor and social skills necessary for life-supporting activities and lawful behavior.
Let's consider in more detail these components of the psychological structure of a person's readiness for a law-abiding lifestyle.
Substructure of values, needs, claims and anti-values
The basis of the convict's desire to lead a law-abiding lifestyle are personal values, needs, claims, the satisfaction of which the convict expects to provide with this lifestyle, as well as the anti-values inherent in illegal behavior and lifestyle leading to such behavior. Personal values express what is important for a person and he strive to have it, protect it and provide it with good. The satisfaction of inherent needs in a broad sense, including a favorable physical and mental state, the well-being of close people and good relations with them, living in one's own home and its comfort, material security, the possession of humanitarian freedoms, satisfying work, normal social status and attitude of other people, and other needs inherent in a prosperous life, is of value to a person. The significance of some of them as values begins to be realized and experienced by a person only when they are lost, which happens when a person is convicted and serve his sentence. On the basis of personal values, a person's claims are formed as a desire to acquire what is valuable to him: material and other goods, social status, etc. These claims can be legitimate, morally correct, adequate to objective opportunities, useful for a prosperous life, and therefore contribute to the formation of the convict's readiness for a law-abiding lifestyle. However, they may be criminogenic in the case of inadequacy of legitimate opportunities for satisfaction (hypertrophy) or their immoral and criminogenic content.
Along with these values, a motivating role in a person's life aspirations is played by phenomena that have a negative significance for him, are perceived by him as a misfortune and he seeks to avoid it. The representation of these phenomena in the mind in some publications is called the anti-values of the
individual. Using this term, we understand anti-value as a phenomenon that is perceived by the individual as causing harm, loss and suffering, which he seeks to avoid (a different interpretation of anti-value is a subjectively perceived value that in reality is harmful). For the motivational and volitional component of readiness for law-abiding lifestyle, anti-values are important. They can perform the function of dominant motivating phenomena, when the desire of the convicted person to law-abiding lifestyle is not so much a desire to possess the inherent benefits, but to avoid the ill-luck that arises as a result of committing a crime and bringing to justice. In this regard, it is important to understand not only the values of law-abiding lifestyle, but also the anti-values of illegal behavior, which determines the desire to prevent it.
In assessing the value-need substructure, as well as in its formation, it is important not only the complex of perceived values and anti-values, but also their hierarchy as motivating properties. The hierarchy of values determines the content orientation of their totality. It may be dominated by value orientations to ensure the material side of life, the well-being of close people and good relations with them, health and strength, a favorable state of mind, sexual life, other hedonistic needs, etc. The significance of individual values, as well as their totality, can also be different. In the correctional process, an important task is to achieve the high significance of the values inherent in the law-abiding lifestyle, and the anti-values of the criminogenic lifestyle. In psychological science, the degree of significance of personal value has not been clearly explained. It can be assumed that the significance of a certain value or their combination is expressed in the strength of negative experiences when they are lost or harmed, but this experience is not relevant when the value is possessed. A person who is satisfied with having a value is usually not concerned about the possibility of losing it and anticipating difficult experiences. This concern about preserving value is shaped by negative
experiences that leave a mark on the inner world, which is the motivational potential for making efforts to preserve value or achieve it. Because of this, in the formation of the value-need substructure of a person's readiness for law-abiding lifestyle, it is necessary to ensure awareness of its values, as well as the anti-values of criminal behavior, and to increase their significance by strengthening semantic and sensory awareness.
Speaking about the needs and claims that are inextricably linked with personal values, it should be noted that for a law-abiding person, they are not immoral or illegal and correspond to the real possibilities of satisfaction in a legal way. In persons predisposed to commit crimes, the needs may be criminogenic. Such needs are manifested in the desire for expensive property and entertainment, gaining authority in the criminal environment, self-expression through violence, and mockery of other people. They are also expressed in alcohol and drug addiction, in propensities to a depraved lifestyle, social parasitism. If a person seeks to satisfy these kinds of needs and desires, then he will be forced to resort to illegal methods of action for this purpose. Because of this, one of the tasks of forming the readiness for law-abiding lifestyle of convicts is to eliminate immoral, hypertrophied and criminal needs. At the same time, it is necessary to expand and enrich the sphere of values, needs and claims that have a socially normal content. They consist in family life, raising children, caring for parents, a healthy lifestyle, communicating with law-abiding people, honestly earned material wealth, satisfying work, aesthetic improvement of housing, household management, cultural leisure, self-development, etc. At the same time, it is important to determine the set of interests of the convicted person that are real and appropriate to their age, level of cultural development, family and property status, and abilities.
Social and legal expectations of a person
In the formation of the motivational and volitional component of the convict's readiness
for law-abiding lifestyle, social and legal expectations of the individual are important. They are biases about the possibilities and consequences of certain legally significant behaviors - legal and illegal. Such biases are persistent and generalized in relation to legally significant actions, certain types of situations, and social conditions. This gives them the value of personal properties in contrast to situational expectations that arise when evaluating a particular situation, the possibility of performing certain actions in it and achieving the desired results, as well as negative consequences. Expectations as personal phenomena are functionally related to personal values in generating motivation, since they express biases about the consequences for these values. Based on the motivational theory of H. Heckhausen (2003), it should be noted that value acquires a motivating influence when there is a subjective expectation (hope) of its achievement. The same applies to anti-value - it generates a motivation for avoidance, when there is an expectation of the occurrence of that negative result, which expresses an anti-value.
Expectations in the structure of readiness for a law-abiding lifestyle should concern both lawful and illegal behavior and appropriate lifestyles. On the one hand, they should express confident hope in the possibility to establish a law-abiding lifestyle, in the implementation of specific tasks for its establishment, in overcoming difficulties, in achieving the benefits that are inherent in this lifestyle. On the other hand, expectations should relate to illegal behavior and criminogenic lifestyle, representing the awareness of a high risk of negative consequences and losses during crimes commission. This awareness can be represented as the dominant idea of inevitability of punishment for crimes.
When considering social and legal expectations, it is necessary to take into account that some convicts, especially recidivists, have no hope of being able to legally ensure their normal existence after being released from
prison. They foresee a very high probability of reconviction in the future, because they will lead a lifestyle similar to the previous one, or will not be able to cope with difficulties in trying to live a normal life, or with criminal temptations and their own shortcomings. This is most pronounced in people who have lost contact with relatives, do not have place for living, are not accustomed to systematic work, and have limitations in their ability to work. Such convicts get used to the idea that they will have to commit crimes and return to prison. This personal opinion determines tolerance to punishment and, as a result of psychological defenses, devalues the value of life in freedom. Therefore, for the correction of such convicts, an important task is to form a belief in the ability to establish a law-abiding lifestyle, solve the problems associated with it and have the benefits inherent in this way of life.
Some of the convicts show a slightly different phenomenon - a high confidence in the ability to avoid being brought to justice when committing crimes. They rely on their criminal experience, reasonable preparation of a criminal act, reliable accomplices, and luck. Such persons need to form ideas about the inevitability of punishment for crimes, about the danger of its occurrence, even with a small probability of crimes detection. It is necessary to sharpen the awareness of this danger and loss of life, which is expressed in the formation of strong associations between the criminal act and punishment as an inevitable phenomenon. These connections will ensure the actualization of a sense of danger with the motivation to refuse of a thought of committing a crime.
Ideas about the necessary way of life, legitimate life plans
The presence of the convicted person's desire to begin a law-abiding lifestyle as a motivational and volitional basis for readiness for it allows for the formation of specific ideas about what such a lifestyle should be and in what conditions it will be implemented, as well as plans for its establishment. Such representations and plans provide consciously-
volitional regulation of vital activity in the totality of its components. They provide the certainty of intent necessary for purposeful and consistent action. Such ideas and plans relate to employment, place of residence, necessary material wealth and expenses, household self-sufficiency, relationships with loved ones, daily routine, forms of leisure and entertainment, relationships with former friends and other aspects of life, social functions and relationships. Sufficiently clear and comprehensive views of the convicted person about the desired way of life, the ways to build it and the necessary measures and actions for this purpose ensure a mature readiness for law-abiding life. What is important is the adequacy of these representations of the social reality inherent in the conditions and possibilities of building such a way of life, as well as an understanding of the difficulties and legitimate ways to overcome them. Such representations should be balanced in terms of positivity and negativity: they should not express the predominance of opinions about the ease of establishing a law-abiding life, as well as opinions about the intractable complexity of its establishment.
As for life plans, they must be not only legitimate, but also concrete, sufficiently thought-out and actually feasible, covering the main aspects of human life. When forming lawfully oriented life plans for convicts, it should be taken into account that during the time they serve their sentence in prison, they partially lose the reality of their ideas about the conditions of life after release, which change during the time they serve their sentence. Most of them do not have developed perspective thinking -they tend to "live one day". For people who have repeatedly served a sentence of imprisonment, life in these conditions becomes more familiar. Although they are living the dream of liberation, they are also anxious because life in freedom, which requires self-sufficiency, becomes alienated and difficult for them. These phenomena cause unconscious psychological barriers in the formation of positive life plans,
reduce the belief in the possibility of establishing a favorable law-abiding life.
Personal rules, relationships of personality and I-concept
For a convicted person to be ready for a law-abiding lifestyle, a set of lawfully oriented personal principles and norms of behavior related to solving life problems, meeting needs and ensuring personal values is necessary. Personal principles express general guiding ideas about how to behave and act in certain situations and to solve certain life tasks, and personal norms are specific rules of action in certain situations, in connection with certain tasks, people, and so on. Personal principles and norms should cover the main spheres of life and social functions, and the problem situations associated with them. They specify the ideas about the proper way of life, determining the correct ways to implement it. Thus, it is necessary to form legitimate personal rules in the sphere of material support of life, interaction with other people, leisure, parental functions and other duties determined by the legal status. In this regard, the most important personal principles are the obligation to constantly work and observe labor discipline, tolerant attitude to other people, legitimate defense of their interests, reasonable leisure. It is important to form legal and moral rules of interaction with loved ones, rules of behavior in conflict situations. Of particular importance is the assimilation of ways to resist involvement in criminal activity under the influence of persons with whom the convicted person previously maintained friendly relations. Having such ideas about legitimate ways to solve life's problems is not enough for their use in real life. Their regulatory power is determined not only by confidence in correctness, but also by a strong-willed determination to observe and avoid deviations. Along with personal rules that determine how to act, personal prohibitions must be formed - how to act is not allowed. Such prohibitions should apply not only to the commission of illegal actions, but also to actions that may lead to illegal behavior, as
well as actions that contradict prudent life in its various spheres. In particular, they should relate to the use of drugs, alcohol, violations of labor discipline, rudeness, etc.
Given the fact, that a person's social behavior is largely determined by a subjective assessment of situations and actions of other people, personal principles and rules should concern social perception. When applied to it, they express beliefs about how to evaluate and relate to events, people, and their actions. These personal principles include: tolerance of people's actions, if they do not cross the line of the law; finding out the causes of events and people's actions for their evaluation; finding positive things in events and people; foreseeing possible consequences in their actions and so on.
Along with the personal principles and norms in regulating behavior plays an important role in the mechanism of self-identification, which determines the line of action of the individual of his I-concept as a set of personal qualities, the manifestation of which the individual believes is right and necessary for their well-being and desired perception of other people. The installations that form the I-concept complement the structure of personal regulators of vital activity considered under this article. They are phenomenologically expressed in beliefs about what I should be in my actions, interaction with various categories of people in certain situations, in work, household self-sufficiency, and so on. The installations that form the I-concept complement the structure of personal regulators of vital activity considered under this article. They are phenomenologically expressed in beliefs about what I should be in my actions, interaction with various categories of people in certain situations, in work, household self-sufficiency, and so on.
The formation of I-concept and attitudes to the manifestation of desired personal qualities require special attention in the correctional process. This requires psychological and pedagogical study of both the integral I-image and its constituent qualities. The integral
I-image, as shown by correctional practice, is involved in determining the value-normative orientation of a person's life activity. This image expresses who I am in life. Thus, some convicts who were determined to lead a good life defined themselves as follows: "I am a family man", "I am a Christian", "I am a worker". At that time, people with a criminal attitude use the following definitions: "I am a tramp", "I am a decent prisoner", "I am a gambler". An important factor in the formation of the I-image is the idea of the desired perception of yourself by other people and the necessary self-manifestation for this (what I would like to be in the eyes of other people). Convicts, who have families and positive relationships with close people, formed such views more favorably and adequately. However, some convicts are aware of social stigmatization, which is expressed in the ideas "we are not like other people". This leads to a sharp sense of social alienation, an opinion that other people treat them with distrust, neglect, fear, and so on. Such opinions of convicts give rise to their response negative attitude to other people, society, and state bodies, forms aggressive and protective attitudes and ideas about the need for such personal qualities as arrogance, deceit, the ability to suppress, deceive and subordinate other people to their interests. Given these patterns, special attention should be paid to the devaluation of these qualities and to form beliefs that friendly and tactful behavior will allow you to establish normal relationships with other people, will cause them to respond with goodwill and will contribute to the successful solution of life's problems. At the same time, it is also necessary to actively use pedagogical stimulation - to note and approve the manifestations of positive personal qualities.
Labor and social skills and adaptive abilities
Properties related to this substructure have independent significance, since the presence of legitimate aspirations and plans is not enough for their implementation. It is necessary to have
the skills and abilities of lawful behavior, life-supporting activities and social interaction. These include professional skills (professional training), the habit of working systematically, the ability to build relationships correctly in the workplace, in the family, with other people in the place of residence (neighbors), the ability to tactfully and successfully communicate with different categories of people in different situations and with different goals (getting information, establishing cooperation, defending your position, protecting your dignity). It is important to develop the convicts' self-control skills, the ability to restrain aggressive and other negative urges and desires. The system of these skills and attitudes to their implementation determines the ability of an individual to social adaptation. It should cover all spheres of human life and social functions. Their formation is provided by special social training, which includes trainings, inclusion in useful activities, and pedagogical stimulation.
Development of practical thinking of convicts that promotes lawful behavior
The described psychological structure of the convict's readiness for a law-abiding lifestyle includes psychological properties that act as personal prerequisites for such a lifestyle, which can be considered as dispositional formations of the individual. Along with them, it is necessary to develop the ability to carry out reasonable behavior (as opposed to emotional and impulsive), correct planning of life activities with developed foresight, ensuring the avoidance of problematic situations and actions that carry negative consequences. In this regard, it is important to form in convicts, first, the reasonableness of actions (thoughtfulness) with the volitional prevention of their affectogenicity and impulsiveness, and, second, the development of correct practical thinking, through which a person, when planning actions, correlates them with life values and aspirations.
The formation of an attitude to reasonableness in behavior requires appropriate value-semantic explanation, training to thoughtfulness and
development of skills of volitional self-control of impulsivity. As for the development of practical thinking, it should provide for the assimilation of the following qualitative forms by convicts: value perspective, legal foresight, optimal choice, reflexivity. Value perspective of thinking is expressed in the mental assessment of the possible consequences of one's own actions for personal values - what the consequences may be and what they mean for my values (interests). Legal foresight is expressed in the assessment of the legal significance and consequences of the options considered, which contributes to ensuring anti-criminal stability. Also, in practical thinking, it is necessary to assimilate the attitude to search for the optimal way, which implies the development of the mental habit of asking the question about the more optimal way. The development of reflexivity involves the formation of an attitude to evaluate the aspirations and emotions of people with whom you are dealing, as well as to predict their perception of their actions. This helps to optimize interpersonal interaction and reduce conflicts.
The development of these qualities of thinking is provided by the appropriate pedagogical influence, which is based on asking the convicts questions about the significance of the committed actions for the desired future, about possible legal consequences, about the possibility of a more optimal solution to the problem, about how other people perceive certain actions. Their setting when evaluating the actions of convicts and conducting educational activities, trainings help to teach them to think independently, making decisions.
Reduction of the penitentiary deformation of the personality in the formation of convicts' readiness for a law-abiding lifestyle
It is known that punishment in the form of deprivation of liberty, along with restraining influences, generates personality transformations that reduce its socio-adaptive abilities and even cause criminality. Negative factors include: the presence of a convict in
a criminogenic social environment with its subculture; the limited ability to preserve and develop the social experience necessary for a person to live in freedom; the forced nature of useful activities (work, training, participation in educational activities) causes the formation of a negative attitude to it, which is transferred to life in freedom; the experience of social stigmatization leads to the formation of a socially alienated position, a negative attitude to social institutions, which complicates social adaptation; the experience of punishment actualizes psychological defenses that can cause negative transformations of the individual: anger, suspicion and acute protection of I, social apathy and marginality.
It is very difficult and in some cases almost impossible to completely eliminate these negative consequences of deprivation of liberty. However, it is possible to minimize them by conducting special work with prisoners - educational, informational, and psychocorrective. According to the psychoanalytic approach, in order to reduce the negative transformations of the individual as a result of psychological defenses, it is important to bring to the consciousness of the convicts (by explaining) these defenses and their negative effects on the personality. Such an explanation will allow one to understand the consequences for oneself of these phenomena, consciously relate to them and see the need for self-control, mental work on oneself. It is also necessary to introduce into the minds of convicts attitudes on the immunity of criminogenic mutual influences, on the most useful use of time served for maintaining physical health, psychological and social adequacy, enrichment of knowledge, development of positive personal qualities, etc. It is advisable to organize training programs and trainings on the development of self-analysis and self-control skills, to conduct educational activities (conversations, debates, thematic meetings with representatives of the Humanities) aimed at forming value orientations (ideals) in relation to the I-image and lifestyle after serving a sentence, to learn positive
examples and experience of social interaction.
Holistic assessment of a person's readiness for a law-abiding lifestyle
Readiness for a law-abiding lifestyle can have a different degree of formation and should be evaluated in relation to each of the main areas of life in which legally significant behavior is carried out. It can be superficial, fragmentary, internally contradictory, or systemic, harmonious, stable. System readiness, in contrast to fragmentary readiness, covers all human spheres of life, social functions and life tasks related to meeting needs and ensuring personal values. Harmonious readiness, in comparison with contradictory, is expressed in an unambiguous positive attitude to lawful actions and in a negative attitude to illegal ones, that is, the individual does not have contradictory ideas about these methods, which express the permissibility in some circumstances of both lawful and illegal behavior. Stable readiness, in contrast to situational readiness, is expressed in the fact that the subject has sufficiently Mature beliefs about legitimate ways to solve life's problems, a positive attitude to them, legitimate personal principles and norms of behavior, as well as a convinced negative attitude to illegal ways of action and attitudes-prohibitions to use them. At the same time, positive aspirations and intentions are provided with a strong-willed determination to implement them.
Conclusion
The presented concept of the convict's readiness for a law-abiding lifestyle determines its general understanding; the main components; the spheres of life activity, in relation to which it should be formed; the system of psychological properties essential in determining lawful behavior and lifestyle in general. The readiness of the convicted person for a law-abiding lifestyle is a system of psychological characteristics of the person, which act as internal prerequisites for the implementation of socially adapted life activities, preventing illegal acts. It is
possible to distinguish three main components: 1) motivational and volitional disposition to lead a law-abiding lifestyle, which is the presence of aspirations to establish such a lifestyle, combined with volitional attitudes to implement them, observing self-discipline; 2) readiness for the legitimate solution of life's tasks, ensuring the satisfaction of their needs and legitimate interests as a system of evaluation and guidance representations, labor and social knowledge, skills and abilities; 3) anti-criminal stability, which expresses rejection of illegal methods of action and an attitude to resist criminal influences and circumstances.
The main areas of activity for which it is necessary to form readiness to act in a lawful and socially adapted are: the sphere of material support of life; the interaction with other people; the enforcement of legally imposed duties; the field of leisure and entertainment. In relation to each area, it is necessary to develop not only readiness for lawful behavior and solving life's problems in a legal way, but also stability against committing illegal acts and deviant acts that carry the risk of committing such acts.
The psychological essence of the convict's readiness for a law-abiding lifestyle is a system of psychological characteristics of the individual that are essential in determining law-abiding life in conditions of freedom. Taking into account the functions of psychological properties in this determination the following substructures are identified:
1) values (related needs and claims) that determine the positive personal meaning of a law-abiding lifestyle and a motivated-volitional desire for it, as well as the negative meaning of illegal behavior and a strong-willed determination based on it not to allow it;
2) social and legal expectations that determine the confidence of the ability to establish a law-abiding lifestyle and implement its values, as well as the certainty of the inevitability of punishment and life losses in the case of committing illegal acts and leading a lifestyle that contributes to their commission;
3) ideas-attitudes about the proper way of life and based on them, life plans for its adjustment with overcoming possible difficulties, provided with a strong-willed determination to implement them;
4) legitimate personal norms of behavior that cover all spheres of life and ways to ensure personal values, meet needs and claims, as well as ideas about personal qualities that need to be shown (forming the I-concept), and the desire to manifest them;
5) labor and social knowledge, skills and abilities necessary for the implementation of life-supporting activities and lawful behavior in the social adaptation and conduct of a law-abiding lifestyle.
The concept of readiness for law-abiding lifestyle gives the theoretical basis for personalized diagnosis with the assessment of the degree of development in key areas of life, and also allows to specify the psychological-pedagogical problem of individual correctional process, which is expressed in the formation of a generators system for such readiness of psychological properties, including the quality of practical thinking.
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