Pskov branch of the University of the Federal Penal Correction Service of Russia
Pskov, Russian Federation
To assess the property status of convicts for motivation to labor adaptation the following provisions given in the probation. This paper applies an interdisciplinary - economic-legal approach, as well as the following research methods, such as legal review of the norms of criminal-executive legislation, legal analysis, formalization and calculation method. The special features of the convicted person in civil transactions of purchase and sale of goods, as: consumption and target spending of wages, revealed. The differentiated understanding of “property status” and “material status”, as well as the limits of application of civil rights of convicted persons, clarified. The signs of consumer legal relations and their subject, which characterized by a special composition of rights and obligations at the time of acquisition of things by convicts, are revealed. The limits of the property status of convicted persons sentenced to forced labor and imprisonment are classified. In order to clarify the calculation and assessment of the property status of the convicted person such as definitions: “nominal level of consumption”, “aggregate level of consumption”. The cost estimation of property status due to the execution of punishment is given. Conclude the motivation in labor earnings is minimal or absent to personal consumption and labor adaptation due to “actual costs” for needs of the penitentiary system. A recommendation were given to establish a fixed amount or percentage rate in order to enforce the norms on ensuring civil rights to material status of convicts, to preserve the level of personal consumption and labor motivation of convicts in the conditions of humanization and probation.
convicts, property status, civil rights, material status, personal consumption
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